The Kenya Intellectual Property Bill, 2026

19 Jun 2026 domainNational Assembly No. 40 of 2026 Gazette: Supplement No. 151 of 2026
View original PDF

Status Timeline

Proposed

Active now

Public Review

Pending

Debate

Pending

Executive

Pending

Final

Pending

1

Unified Intellectual Property Authority Established

Establishes the Kenya Intellectual Property Authority as a single corporate body to replace KIPI, KECOBO, and ACA (Section 3). The new Authority will register patents, utility models, industrial designs, trademarks, geographical indications, and copyrights, as well as combat piracy and counterfeit goods (Section 5).

2

Patents for AI Inventions and Biological Resources

Defines and regulates AI-Assisted and AI-Generated Inventions under patent law (Section 18). It also mandates that patent applicants using biological resources or traditional knowledge provide proof of prior informed consent, or face abandonment of their applications (Section 28).

3

Statutory Copyright Damages Up to KSh 1.5 Million

Under Section 190, copyright owners electing for statutory damages can recover:

  • Between KSh 200,000 and KSh 1 million for each work or performance infringed.
  • Between KSh 800,000 and KSh 1.5 million if multiple works or performances are infringed, unless the court determines the infringement does not surpass KSh 1.5 million.
4

Tighter Counterfeit Regulations and Imports Registry

Requires the recordation of trademarks for all goods imported into Kenya with the Authority (Section 226). Inspectors are granted powers to enter premises, seize suspected counterfeit goods, and arrest suspects without a warrant (Sections 199, 201, 213).

5

New Intellectual Property Tribunal

Establishes the Intellectual Property Tribunal consisting of a chairperson (qualified to be a High Court judge with 5 years' IP experience) and six other members appointed by the Cabinet Secretary (Sections 232, 233). The Tribunal will hear appeals from the decisions of the Director-General and handle IP disputes.

Comments (0)

No comments yet. Be the first to start the discussion!