1. INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS Sylvance A. Sange Chief Trade Marks Examiner KIPIctme@kipi.go.ke

2. Intellectual Property Intellectual Property is a property that arises from the human intellect. It is a product of human creation. Intellectual Property is a property that arises from the human intellect. It is a product of human creation. Intellectual Property is the creation of the human intellectual process and is therefore the product of the human intellect or mind. Intellectual Property is the creation of the human intellectual process and is therefore the product of the human intellect or mind.

3. Intellectual Property It is an intangible form of property. It is an intangible form of property. It is a personal property. It is a personal property. It is a basic form of property. It is a basic form of property. It is based on information. It is based on information.

4. Objects of Intellectual Property The objects of the rights covered by the concept of intellectual property are manifestations of human creativity. The objects of the rights covered by the concept of intellectual property are manifestations of human creativity. -the form of the work; -the invention; and -the relationship between a symbol and a business.

5. Protected Intellectual Property Invention by a patent or as trade secret. Invention by a patent or as trade secret. Utility models by a certificate or secret. Utility models by a certificate or secret. Industrial Design by a certificate. Industrial Design by a certificate. Trade and Service Mark by a certificate. Trade and Service Mark by a certificate. Copyright by reducing to a fixed form. Copyright by reducing to a fixed form.

6. Protection of Intellectual Property Venetian Patent Law of the 19 th March 1474 Venetian Patent Law of the 19 th March 1474 ‘…each person who will make in this city any new and ingenious contrivance, not made heretofore in our dominion, as soon as it is reduced to perfection,….

7. Protection of Intellectual Property It being forbidden to any other in any territory and place of ours to make any other contrivance in the form and resemblance thereof, without the consent and licence of the author up to ten years.’

8. Protection of Intellectual Property in Kenya Paris convention – 1965 UCC - 1966 WIPO – 1967 Geneva Convention – 1976 ARIPO – 1978 Brussels Convention – 1979 Nairobi Treaty – 1982 Bern Convention – 1993

9. Protection of Intellectual Property in Kenya Patent cooperation treaty PCT – 1994 TRIPS – 1995 WIPO Copyright Treaty – 1996 WPPT – 1996 UPOV – 1999 Madrid System – 1998 Singapore Treaty - 2006

10. Intellectual Property Branches in Kenya Industrial Property Industrial Property Copyright Copyright Plant breeders Rights (PBR). Plant breeders Rights (PBR).

11. Industrial Property Industrial Property Includes: Industrial Property Includes:-Patents -Utility Models -Industrial Designs -Trade Secrets -Trade and Service Marks -Geographical Indications -Layout Designs of Integrated Circuits.

12. Copyright Copyright includes: Copyright includes:-Literary -Artistic works -Musical works

13. Other Forms Of Protection Being Considered Traditional Knowledge and Folklore Traditional Knowledge and Folklore Genetic resources Genetic resources

14. Why Protect Intellectual Property  Protect investment in time, money or other resources used to create new contribution to technology, commerce and entertainment.  Governments encourage Creators to disclose their creations to the public in order to promote the progress of science and useful arts which are the engines of development- investors demand this guarantee

15. Why Protect Intellectual Property “Technology” means systematic knowledge for the manufacturing of a product, or the rendering of a service in industry, agriculture or commerce,…. “Technology” means systematic knowledge for the manufacturing of a product, or the rendering of a service in industry, agriculture or commerce,…. -providing a solution to a problem -communicable by one person to another -directed to an end.

16. Why Protect Intellectual Property Fosters economic growth Fosters economic growth Provides incentives for technological innovation, and Provides incentives for technological innovation, and Attracts investment that will create new jobs and opportunities. Attracts investment that will create new jobs and opportunities.

17. Industrial Design Industrial Design is the ornamental or aesthetic aspect of a useful article of industry. The aspect that gives special appearance to a product of industry Industrial Design is the ornamental or aesthetic aspect of a useful article of industry. The aspect that gives special appearance to a product of industry

18. Copyright Definition Definition Protection of cultural, artistic and literary written works such as poems, novels, articles, musical works, paintings, cinematographic work, photographic, sculpture and computer programs.

19. Trade and Service Marks A trade mark is a sign used on, or in connection with the marketing of, goods or services. A trade mark is a sign used on, or in connection with the marketing of, goods or services. Used “ on ” the goods means that it may appear not only on the goods themselves but on the container or wrapper in which the goods are when they are sold. Used “ on ” the goods means that it may appear not only on the goods themselves but on the container or wrapper in which the goods are when they are sold.

20. Trade and Service Marks Used “ in connection with ” the marketing of the goods refers mainly to: Used “ in connection with ” the marketing of the goods refers mainly to: -the appearance of the sign in advertisements (newspaper, television, etc.) or -in the shop windows of the shops in which the goods are sold.

21. Category of Trade Marks Certain types of marks should not be protected, Marks are categorized as: Certain types of marks should not be protected, Marks are categorized as: -Generic, -Generic,-Descriptive, -Suggestive, and -Arbitrary or fanciful.

22. Registration Procedure Application for search. Application for search. Application for registration. Application for registration. Examination of trade mark. Examination of trade mark. Advertisement of trade mark. Advertisement of trade mark. Filing of opposition. Filing of opposition. Certificate issued/hearing set. Certificate issued/hearing set.

23. Goods Covered 18Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. 18Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. 24Textiles and textile goods, not included in other classes; bed and table covers. 24Textiles and textile goods, not included in other classes; bed and table covers. 25Clothing, footwear, headgear. 25Clothing, footwear, headgear.

24. Goods Covered 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. 30Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. 30Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

25. Live of a Trade Mark Terms become generic overtime because of the way the public used them and because of the originators’ failure to police them. -examples: YO-YO “returning top” fanciful and ESCALATOR “moving stairs” suggestive.

26. Live of a Trade Mark The law provides that non-use of a mark for consecutive 5 years is ordinarily considered proof of an intention to abandon it. The law provides that non-use of a mark for consecutive 5 years is ordinarily considered proof of an intention to abandon it. Delay in enforcement of a mark against a third party may cause lose of rights. Delay in enforcement of a mark against a third party may cause lose of rights.