Registered Designs

Membership of International Conventions:

  • Paris Union (from 14 June 1965)
  • WIPO (from 5 June 1971)
  • ARIPO (from 24 October 1984)

Types of Designs available:

  • Industrial Designs

Novelty Requirements:

An industrial design shall be deemed to be new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form or, in Kenya by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration.

Disclosure of the design shall not be taken into consideration if it occurred not earlier than twelve months before the filing date or, where applicable, the priority date of the application and if it was by reason or in consequence of:

  • acts committed by the applicant or his predecessor in title; or
  • an evident abuse committed by a third party in relation to the applicant or his predecessor in title.

Registrability:

“An industrial design” means any composition of lines or colours or any three-dimensional form, whether or not associated with lines or colours; provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft.

A “product” means any industrial or handicraft item, including packaging, get-up, graphic symbols or typographic typefaces, but excluding computer programs.

Two or more industrial designs may not be the subject of the same application (multiple design application).

The Designs Act has no provision for filing of multiple designs in a single application.

A single design application may be filed for a set of articles embodying the industrial design if the articles in the set are intended to be used together.

Design protection shall not extend to anything in an industrial design which serves solely to obtain a technical result.

Industrial designs that are contrary to public order or morality shall not be registrable.

An industrial design is not registrable if it is protected under the Kenya Copyright Act.

Filing Requirements:

  • Power of Attorney (can be late filed).
  • Drawings, photographs or other graphic representations of the article embodying the industrial design (required on the day of filing).
  • An indication of the kind of products for which the industrial design or model is intended to be used.
  • Two specimens of the article embodying the industrial design (can be late filed).
  • Certified copy of priority document, if priority claimed, with verified English translation (can be late filed within three months).
  • Assignment (can be late filed).

Substantive Examination:

Yes

Duration and Renewal:

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for two further terms of five years each. A grace period of six months is provided for the late payment of the renewal fee.

ARIPO design in which Kenya is designated:

Please see aripo

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