Recommended
Recommended
More Related Content
Similar to Intellectual property (uwakili) {Kenya}
Similar to Intellectual property (uwakili) {Kenya} (20)
Recently uploaded
Recently uploaded (20)
Intellectual property (uwakili) {Kenya}
- 2. REGIMES OF INTELLECTUAL PROPERTY Copyrights Trademarks Patents Utility Model
- 3. COPYRIGHTS • What are they? Exclusive legal rights given to a creator of original work. • What can be copyrighted? – Paintings, music, books, sculpture, photos, computer software, images • Protects against copying the representation, not the idea • Expires 50 years after death of owner if rights have not been transferred
- 4. Application Procedure • Step 1: Fill in and commission registration form CR1 • Step 2: Attach 2 original copies of the work (CD or DVD format) • Step 3: Pay registration fee of KShs. 1000 • Step 4: Present form and bank deposit slip at the Kenya Copyright Board office
- 5. TRADEMARKS • What are they? Symbols or words used to distinguish a product or company • Protects slogans, logos, product names, indications of origin • Protects against misleading or confusing use • Indefinite protection
- 6. Local Applications • Step 1: Apply for a search by filing TM27 at KShs. 3000 for a first class and KShs. 2000 for a subsequent class • Step 2: File TM2 accompanied by 7 representations of the mark at KShs. 4000 for a first class and KShs. 3000 for a subsequent class
- 7. Foreign Applications • Step 1: Apply through an agent by filing a TM1 or a power of attorney with a stamp duty • TM1 filing is at USD 50 for all classes • Step 2: File a TM27 at USD 150 for first class and 100 for a subsequent class
- 8. NB:Applying for a search is not mandatory. It however pre- empts the chances of success for an application and saves on time and resources.
- 9. PATENTS • What are they? Rights conferred for a set period to exclude others from using a particular invention • Protects ideas of a technical solution • Very high standard of examination • Short term protection (20 yrs)
- 10. Application Procedure Step 1: Fill an IP3 (KShs. 1000/USD 50 for provisional and KShs. 3000/ USD 150 for final applications, local and foreign respectively) accompanied by a description, claim, abstract and drawing of the design (where necessary) Step 2: Publication in the Kenya Gazette 18 months after application Step 3: Examination after meeting the specific requirements
- 11. Application Procedure Examination is made through IP8 at KShs. 5000 for local applicants and USD 250 for foreign applicants Failure to request for an examination within 3 years of the application renders the application abandoned
- 12. UTILITY MODELS • What are they? Exclusive rights granted for an invention • Must be new and industrially applicable • Same application process as patents • Lower examination standard • Less coverage (10 yrs)