Kenya: Statute Law (Miscellaneous Amendments) Act, 2018

January 18, 2019

Kenya: The Statute Law (Miscellaneous Amendments) Act, 2018 entered into force on January 18, 2019.

This Act provides for amendments to several laws, including the Industrial Property Act, 2001, the Copyright Act, 2001, the Anti-Counterfeit Act, 2008 and the Protection of Traditional Knowledge and Cultural Expressions Act, 2016.

The amendments include inter alia the following:

(i) the requirement for a disclosure of the "best mode" (i.e. the best version of the invention) known by the inventor for carrying out his invention at the time the patent application is filed;

(ii) introduction of a new definition of an industrial design and changes on the novelty requirements for industrial designs;

(iii) exclusions from registrability as industrial designs for 'works of sculpture, architecture, painting, photography and any other creations that are purely of artistic nature' and industrial designs contrary to public order and morality;

(iv) requiring to record all trademarks of goods imported into Kenya with the Anti-Counterfeit Authority (the "ACA") as well as the changes in trademark ownership;

(v) clarification on the definition of counterfeit marks and providing for new offences for importing into Kenya any unbranded goods except raw materials, goods which bear brands that are not recorded by the ACA or goods which are recorded but whose quality are falsely declared;

(vi) adding the obligation to record trade names or copyrights with the ACA; and

(vii) appointment of the Cabinet Secretary, who is for the time being responsible for matters relating to culture, including the protection and promotion of traditional knowledge and cultural expressions.