Kisumu: The Ministry of Investment, Trade and Industrialization has commenced the process of developing the country’s first ever National Intellectual Property Policy and Strategy aimed at protecting local innovations, supporting creative industries, and transforming the country into a knowledge-based economy. The draft policy, which is currently at the public participation stage, is expected to provide a comprehensive legal and institutional framework that will safeguard Intellectual Property (IP) rights and at the same time enable innovators, artists, and entrepreneurs to commercialize their ideas.
According to Kenya News Agency, Industrialization Secretary Prof Erastus Gatebe, speaking in Nyeri during a public participation exercise, noted that the absence of an IP policy has hindered the country’s ability to maximize the value of local innovations. He emphasized the need for systems that protect innovations and indigenous knowledge to stimulate industrial growth and create quality jobs. Prof Gatebe explained, “The reason why we are keen on this as a Ministry is because we have realized that we have so many innovations and inventions but we rarely benefit from them.”
Data from the Kenya Industrial Property Institute shows that patent applications by Kenyan residents average fewer than 200 annually, and utility models, industrial designs, and trademarks remain under-utilized. A 2016 survey by the Kenya National Bureau of Statistics found that more than 70 percent of Micro, Small, and Medium Enterprises operate without awareness of IP rights, limiting their ability to protect innovations and build competitive advantage.
The study further revealed that the country spends less than 1 percent of its Gross Domestic Product on research, with even less funding on innovation, IP protection, and commercialization. Weak enforcement compounds the problem, with the Anti-Counterfeit Authority estimating in 2021 that counterfeit goods account for over 10 percent of the Kenyan market, resulting in significant losses and undermining legitimate businesses.
The draft policy includes proposals for stronger IP safeguards in the creative industry and mechanisms to tighten copyright enforcement. It also recommends structures to support digital rights management and protect the country’s traditional knowledge, genetic resources, and cultural heritage from unauthorized commercial exploitation. Innovators in the technology space will benefit from simplified patent registration processes and incentives to attract investments in local start-ups.
The policy aims to strengthen protection mechanisms for industrial designs and trademarks to benefit the manufacturing sector and enhance protection of new crop varieties in agriculture. Enhanced protection will add international value to Kenyan products such as coffee, tea, macadamia, and avocado, enabling producers to earn higher returns from unique region-specific products.
Prof Gatebe expressed the policy’s goal to harmonize and leverage the strengths of the country’s regulatory bodies. Dr Robi Mbugua, the Anti-Counterfeit Authority boss, noted that the policy will create a conducive environment for protecting innovations and tackling counterfeit products. Kenya Industrial Property Institute Board Member Victoria Kagai highlighted the need to simplify patent and trademark registration, while Acting Kenya Copyright Board Executive Director George Morara emphasized the policy’s role in strengthening copyright protection and combating online piracy.
