In Kenya, the Industrial Property Act, 2001 defines an industrial design as “any composition of lines or colours or any three-dimensional form … giving a special appearance to a product of industry or handicraft and capable of serving as a pattern” Notably, the protection is limited to aesthetics; the shape, pattern, or ornamentation and not the function or technical aspects.

Why registration matters

• Market differentiation: A design enhances a product’s shelf appeal.
• Exclusive rights: It enables you to prevent unauthorised imitation, including manufacture, import, sale, or stocking of infringing products.
• Commercial leverage: Registered designs can be licensed or sold, offering tangible return on creative investment

Registrability criteria in Kenya

• Novelty (Universal Novelty): The design must not have been publicly disclosed anywhere in the world before the filing date.
• A grace exception applies for disclosures made by the applicant within 12 months preceding the filing date, or due to third-party abuse.
• Public morality and order: Designs deemed offensive are not registrable.
• Purely artistic creations (such as works of sculpture, architecture, painting, photography, or other creations of a purely artistic nature) are not registrable as industrial designs.

The application process at the Kenya Industrial Property Institute (KIPI)

The procedure typically includes:

1. Formal search (recommended) to assess novelty and registrability
2. Preparation and submission of:
   • Drawings or photographs showing the design, and intended product use
   • Power of Attorney
   • Statement of right (if the applicant is not the creator)
3. Formal examination by KIPI to ensure completeness
4. Publication of the application in the Industrial Property Journal after payment of the publication fee
5. Opposition period: The public has 60 days to lodge an objection
6. If there’s no opposition—or any is resolved in the applicant’s favor—the design is officially registered, published in the journal, and a certificate of registration is issued

Protection Duration & Renewal

• Protection lasts for 5 years from filing date or the priority date.
• It may be renewed twice, each for an additional 5-year term, for a maximum of 15 years
• Renewals must be applied for within 12 months before expiry; a 6-month grace period is granted with a surcharge
• If missed, restoration may be possible within one year of the due date, with payment of renewal fees and surcharge

6. Strategic Insights for Kenyan Businesses

• Timing is key: File before any public disclosure to preserve novelty.
• Conduct searches: Reduces risk of rejection and strengthens strategy.
• Cost-benefit analysis: Weigh filing and renewal costs against potential exclusivity, licensing, or franchising opportunities.
• Multi-tier protection: Combine industrial design registration with patents, trade marks, or copyright for holistic IP strategy.
• Regional expansion: While a Kenya registration protects locally, you can use the filing date as a priority in other jurisdictions, including via ARIPO or WIPO routes

For further assistance or inquiries regarding Industrial Design protection in Kenya, please contact us at info@cfllegal.com.