What is an industrial design?
The Kenyan Industrial Property Act, 2001 defines an Industrial Design as any
composition of lines or colours or any three dimensional form, whether or not associated
with lines or colours: Provided that such composition or form gives a special
appearance to a product of industry or handicraft and can serve as a pattern for a
product of industry or handicraft.
The protection under the Act shall not extend to anything in an industrial design which
serves solely to obtain a technical result.
Why register an Industrial Design?
The design makes the product attractive and appealing therefore adding commercial
value and increasing its marketability.
The registration and protection of the Industrial Design ensures that the individual or
entity that has registered the design is assured of an exclusive right against any
unauthorized imitation or use by third parties.
A protected design may also be licensed or sold to others for a fee. By licensing your
design, you may be able to enter markets that you are otherwise unable to serve.
Conditions for registration of an Industrial Design
- An industrial design is only registrable if it is new (universal novelty) and has not
been disclosed to the public prior to its application for registration. - Identical or similar design must not have been disclosed before the filing date.
- The design is not contrary to public morality and order.
- An Industrial Design is not registrable if it is protected under the Copyright Act,
No.12 of 2001.
What are the filing requirements of an Industrial Design?
The following information and documents need to be provided in the application for
registration of an industrial design in Kenya:
- An Application form.
- A Power of Attorney where the Applicant is represented by an agent. This mainly
applies where the applicant is a foreigner wishing to register an industrial design
in Kenya has to do so through a law firm such as Ombogo and Company
Advocates. - Drawings, photographs or other adequate graphical representations of the article
embodying the industrial design. - An indication of the kind of products for which the industrial design is to be used.
- Proof of payment of the Application fee.
- A Deed of Assignment document, where the Applicant is not the creator of the
design.
Search Process
A search should be conducted by the Applicant to confirm whether the industrial design
is registrable or not. After the search, the application can be lodged together with the
required documents.
What happens in the publication stage of an industrial design Application?
A notice of an application to register an industrial design shall be published in the
Industrial Property Journal.
Prior to the publication, the applicant must pay the publication fee.
The application is published in order to invite any person to make an objection to the
registration. The objection must be done within 60 days from the date of publication and
this is done by giving a notice of opposition. Where there is no objection, the process
proceeds to registration.
The Process Of Registration Of an Industrial Design
The following shall NOT be registered as industrial designs in Kenya:
- Industrial designs that are contrary to public order and morality and
- Works of sculpture, architecture, painting, photography and any other creations that
are purely of artistic nature.
A substantive examination is conducted to check the existing designs on the register for
novelty.
Once a design is registered, it is entered into the design register, published in the official
Industrial Property Journal and a design registration certificate issued.
How long does the protection of an Industrial design last?
The law provides that the duration of the registration of an industrial design shall expire
after five years, following the date of registration.
The registration of an industrial design may be renewed for a further two consecutive
periods of five years each.
What are the costs for protecting an Industrial Design?
The costs vary from country to country. In Kenya, there will be registration fees to be
paid to the national office, KIPI. The fees will generally vary depending on the number of
designs to be registered.
There will also be costs associated with the hiring of the services of an Intellectual
Property agent, such as Ombogo & Company Advocates to assist you in the registration
process.
For registration of Industrial Designs, Contact our Intellectual Property
lawyer either via Email: legal@ombogo.co.ke / Call: +254 771 775520 or
+254 703 741276/ Fill our website contact forms.
