Information Technology Law
Intellectual Property & Information Technology Law: Protecting Innovation in the Digital Age
In today’s market, a company’s most valuable assets are often intangible. Our specialized practice ensures your creations, brand identity, and proprietary data are protected from infringement, counterfeiting, and digital risks under the relevant Kenyan and international statutes.
Key Aspects of Our Intellectual Property Practice:
We provide end-to-end protection for your creative and industrial works:
- Registration and Portfolio Management: We handle the formal process of registering and renewing your rights with the relevant bodies:
- Trademarks (for brand names, logos, and slogans) and Industrial Designs (with the Kenya Industrial Property Institute – KIPI).
- Patents (for novel inventions) and Utility Models.
- Copyrights (for original artistic and literary works) with the Kenya Copyright Board – KECOBO.
- Enforcement and Anti-Counterfeiting: We take decisive legal action against infringement and passing off. This includes litigation and advising on compliance with the Anti-Counterfeit Act, 2008, including the mandatory IPR Recordation for imported goods.
- Licensing and Commercialization: We draft and negotiate licensing agreements, assignments, and technology transfer agreements to help you commercially exploit your intellectual property assets.
The Emerging Field of Information Technology Law:
This rapidly developing practice area focuses on data governance and cyber security compliance:
- Data Protection Compliance: We guide corporate clients on full compliance with the Data Protection Act, 2019, including the principles of data processing (lawfulness, purpose limitation, integrity), data subject rights, and the mandatory registration of Data Controllers and Processors with the Office of the Data Protection Commissioner (ODPC).
- Technology Contracts: We draft and review contracts for technology procurement, software licensing, cloud services, and website usage policies, ensuring legal security in digital operations.
Our Value Proposition: Forward-Thinking Legal Security
| Commitment | Our Approach |
| Integrated Digital Focus | We combine IPR knowledge with IT compliance to offer holistic protection in the digital space, anticipating risks like data breach liability and online infringement. |
| Statutory Compliance | We ensure your practices align with the Data Protection Act, 2019 to avoid the significant penalties and reputational damage associated with non-compliance. |
| Commercial Value | We don’t just register rights; we help you leverage them for commercial advantage through strategic licensing and enforcement. |
Need Help? Common IP & IT Inquiries
- Is Copyright registration mandatory in Kenya?
- Ans: While copyright protection exists upon creation, registration with KECOBO is highly advisable as the certificate serves as prima facie evidence of ownership in court disputes.
- What are the consequences of non-compliance with the Data Protection Act?
- Ans: Consequences can include significant administrative fines imposed by the ODPC, compensation claims by data subjects, and criminal sanctions for severe offenses.
- My trademark is being passed off. What should I do?
- Ans: We recommend immediate action, starting with a Cease and Desist letter, followed by legal proceedings for infringement and passing off, seeking injunctions and damages.
- Can you review our website’s privacy policy?
- Ans: Yes. We review and draft comprehensive privacy policies and consent mechanisms to ensure compliance with the Data Protection Act, 2019, especially regarding the collection and cross-border transfer of personal data.