Kenya Advances Third Bid to Establish Comprehensive National Intellectual Property Policy

Kenya is making a renewed effort to adopt a National Intellectual Property Policy after two previous drafts failed to become official government policy. The latest Draft National Intellectual Property Policy and Strategy (NIPPS), 2026, completed its public participation phase on July 31, 2026, and now awaits review before submission to Cabinet for consideration.

If approved, this policy will mark Kenya’s first comprehensive national framework consolidating various intellectual property (IP) rights—including copyright, patents, trademarks, industrial designs, geographical indications, plant breeders’ rights, trade secrets, and traditional knowledge—under one coordinated system.

The need for such a policy is undisputed. Intellectual property protects a wide array of ideas, from creative works like songs, films, and books to inventions, software, brands, designs, indigenous knowledge, and new plant varieties. The Kenyan government envisions these assets not only as legal protections but as drivers of job creation, investment attraction, and economic growth.

Currently, Kenya’s IP system is fragmented across multiple agencies. Copyright is overseen by the Kenya Copyright Board (KECOBO), while patents, trademarks, and industrial designs fall under the Kenya Industrial Property Institute (KIPI). Plant breeders’ rights are managed by the Kenya Plant Health Inspectorate Service (KEPHIS), and other bodies handle innovation, research, and counterfeit enforcement.

According to the draft policy, this division has weakened coordination, limited public awareness, and hindered the commercialization of IP assets. The document highlights ongoing challenges including “fragmented legislation, limited public awareness,” and weak enforcement mechanisms.

Statistical data underscores these issues. Kenya records fewer than 200 patent applications annually, a stark contrast to South Africa’s more than 2,000. Nearly 70 percent of small businesses reportedly lack understanding of intellectual property rights. Counterfeit goods constitute over 10 percent of Kenya’s market, inflicting an estimated annual economic loss of KSh50 billion.

This is not Kenya’s first attempt to establish a national IP policy. The initial draft was completed in 2007, followed by a second in 2012. Neither was formally adopted.

Nonetheless, some proposals from these earlier efforts influenced legislation. The 2007 draft contributed to the creation of the Anti-Counterfeit Authority (ACA) in 2008, and the 2012 draft informed the establishment of the Kenya National Innovation Agency (KENIA) in 2013. Yet, significant gaps remain.

Kenya still lacks standalone laws on geographical indications—which protect products linked to specific locations—and trade secrets. The 2026 draft policy aims to address these unfinished areas.

Unlike prior drafts focused on creating new IP rights, the current policy emphasizes improved coordination in protecting, managing, and commercializing existing rights.

For copyright, while creators are protected under the Copyright Act, the policy calls for stronger coordination, enhanced public awareness, improved licensing systems, and better commercialization of creative works. It also acknowledges the transformative impact of digital platforms on the production, distribution, and monetization of music, films, books, and other content.

Regarding patents, Kenya grants protection through KIPI, but few inventions reach the market. The policy encourages universities, research institutions, and innovators to commercialize research outputs rather than leaving discoveries confined to laboratories or academic publications.

For trademarks, businesses register and protect brands via KIPI. The draft policy seeks to bolster coordination and enforcement to combat counterfeiting and help businesses maximize brand value.

The policy proposes introducing a Geographical Indications law to protect products whose quality or reputation is tied to specific regions, such as Nyeri coffee or Kericho tea. It also recommends developing comprehensive trade secrets legislation, an area currently lacking in Kenya.

Overall, the policy shifts focus from mere registration of IP rights to ensuring these rights generate tangible economic benefits.

The draft does not propose creating new IP agencies but aims to enhance coordination among existing institutions responsible for different aspects of Kenya’s IP ecosystem.