Tracing Kenya’s Journey Towards a National IP Strategy and Policy

Introduction

Kenya has made significant steps towards developing its national intellectual property policy and strategy. A national IP policy serves as a government-driven framework designed to strengthen the intellectual property (IP) and innovation ecosystem while aligning it with the country’s social, cultural, and economic objectives.¹ It integrates IP with broader policy areas to foster innovation, protect valuable assets, and maximize creative potential.²

According to the 2024 Global Innovation Index, Kenya ranks among the top 100 countries, reflecting notable progress in innovation.³ This advancement is supported by Kenya’s legal framework, which recognises, regulates and protects Copyright, Trademarks, Patents, Utility models, Industrial Designs, Seed and Plant varieties, and Traditional Knowledge and Cultural Expressions.⁴ The Constitution further reinforces this protection, with Article 260(c) defining intellectual property as a form of property and Article 40(5) mandating the State to promote, support, and protect the intellectual property rights of Kenyan citizens.⁵ Over the years, Kenya has evolved from colonial-era IP laws⁶ to developing its own national legislation, participating in regional and global treaties, and contributing to international IP protection efforts.⁷

While Kenya’s existing laws provide a regulatory framework for IP, there remains a pressing need for a national IP policy and strategy to address legislative gaps and keep pace with emerging technologies such as Artificial Intelligence (AI). This blog explores Kenya’s efforts to develop and implement a national IP policy and strategy and highlights how these initiatives contribute to the country’s upward trajectory in the global innovation landscape

Kenya’s National IP Policy Attempts

Kenya currently lacks a formal national IP policy; however, various efforts have been made to establish one.⁸

Attempt I: The 2005 WIPO IP Audit

In 2005, the World Intellectual Property Organization (WIPO) conducted an IP audit in Kenya to evaluate the country’s IP system, identifying strengths and weaknesses to guide the development of a national IP policy and strategy.⁹ WIPO submitted the final audit report to the Kenyan government in 2006, but the national IP policy and strategy were never formally finalized.¹⁰

This initiative toward a national IP Policy coincided with the launch of Kenya’s Vision 2030, the country’s long-term development blueprint, on June 10, 2008.¹¹ Vision 2030 aimed to foster a culture of science, technology, and innovation (STI) to enhance research, development, and adoption of new technologies.¹² The Vision set the foundation for initiatives that promote economic growth and support IP development. A notable is the establishment of the Anti-Counterfeit Agency (ACA) in 2008,¹³ a state corporation responsible for enforcing the integrity of inventions and other creative works by barring the production and sale of counterfeit goods.

Attempt II: The 2012 Draft National IP Policy and Strategy

In 2012, with support from WIPO, the Government of Kenya developed a draft National IP Policy and Strategy (NIPPS).¹⁴ At the forefront of the policy formulation process were four key State agencies, namely the Kenya Industrial Property Institute (KIPI),¹⁵ The Kenya Copyright Board (KECOBO),¹⁶ the Kenya Plant Health Inspectorate Services (KEPHIS),¹⁷ and the Anti-Counterfeit Agency (ACA).

Despite validation by a Multi-Stakeholder Forum with over 80 participants, this draft policy was never formally adopted.¹⁸ However, it resulted in the enactment of the Science, Technology and Innovation (STI) Act.¹⁹ This Act established the Kenya National Innovation Agency (KeNIA), which fosters socio-economic development by managing the national innovation system.²⁰ It strengthens stakeholder collaboration, supports innovation protection, and facilitates the commercialization of innovations to drive enterprise growth.²¹ Additionally, the STI Act established the National Research Fund (NRF) to mobilise and manage funds to facilitate STI-related research.²²

In 2022, KENIA published the Kenya 10-Year Innovation Masterplan,²³ outlining a strategic framework to strengthen the national innovation ecosystem and position Kenya as a key player in the global knowledge economy. Developed through multi-stakeholder collaboration, the Masterplan prioritizes human capital development, access to finance, market expansion, infrastructure, and policy reforms.²⁴ Crucially, it underscores the need for a national IP strategy to streamline processes, enhance regulatory frameworks, and ensure the effective protection and commercialization of intellectual property, making it a vital step toward comprehensive IP policy development.

Since this second attempt, Kenya’s IP landscape has evolved with the enactment of the Protection of Traditional Knowledge and Cultural Expressions Act, 2016 and multiple amendments to the Copyright Act. Several IP-related bills and policies have also been proposed, including the Intellectual Property Bill, the Creative Economy Support Bill and the Creative Economy Policy.

Conclusion

Despite ongoing efforts, Kenya has yet to finalize a national IP policy and strategy, facing persistent challenges that have left the process incomplete. Achieving this goal will require open dialogue, multi-stakeholder collaboration, and strong government commitment. By adopting an inclusive and coordinated approach, Kenya can overcome past obstacles and establish a comprehensive IP policy that effectively balances the interests of all stakeholders.

Currently, the government is making a third attempt to finalize the national IP policy and strategy through a collaborative effort involving KECOBO, KIPI, ACA, KENIA, and WIPO consultants. CIPIT will discuss this ongoing process in a subsequent blog.

Image designed by Peter Muindi using Canva