Geographical Indications Law in Kenya
Here's an updated overview of Geographical Indications (GI) law in Kenya as of 2025:
🇰🇪 Legal Framework
Kenya currently lacks a standalone Geographical Indications Act. Instead, GIs are protected under the Trade Marks Act (Cap 506), which allows for the registration of:
Certification Marks: Indicate that goods possess certain qualities or characteristics, including geographical origin.
Collective Marks: Used by members of an association to distinguish their goods from those of others.
These marks can serve as tools for protecting GIs, provided they meet the necessary criteria.
📝 Draft Legislation
A Draft Geographical Indications Bill (2007) has been proposed but has not yet been enacted into law. Key provisions of the draft bill include:
Definition of GI: An indication that identifies a product as originating from a territory where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin.
Registration Process: Outlines procedures for application, examination, opposition, and registration of GIs.
Protection Measures: Provides for the protection of GIs regardless of registration and sets forth conditions for the use of homonymous GIs.
While the draft bill aligns with international standards, its implementation is pending.
🔍 Practical Protection
In the absence of specific GI legislation, protection is primarily through:
Certification Marks: Producers can apply to register a certification mark that certifies the geographical origin and quality of their goods.
Collective Marks: Associations can register collective marks to indicate that their members' goods originate from a specific region and meet certain standards.
These marks are administered by the Kenya Industrial Property Institute (KIPI).
🌍 International Agreements
Kenya is a member of the World Trade Organization (WTO) and is bound by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which requires member countries to provide legal means for the protection of GIs.
However, Kenya has not yet acceded to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which provides for the international registration of GIs.
📈 Potential for GI Protection
Kenya has several products that could benefit from GI protection, including:
Kenyan Tea: Recognized globally for its quality and distinct characteristics.
Kenyan Coffee: Known for its unique flavor profile.
Mombasa and Asembo Mangoes: Distinct varieties with unique qualities.
Molo Lamb: Renowned for its tenderness and flavor.
Implementing a robust GI system could enhance the value of these products in both domestic and international markets.
✅ Summary Table
| Aspect | Status in Kenya |
|---|---|
| Dedicated GI Law | ❌ Not yet enacted |
| Protection via Certification/Collective Marks | ✅ Available under Trade Marks Act |
| Draft GI Legislation | ✅ Draft Bill (2007) pending enactment |
| Registration Authority | ✅ Kenya Industrial Property Institute (KIPI) |
| International GI Agreements | ❌ Not a party to the Lisbon Agreement |
| TRIPS Compliance | ✅ Yes |
RELATED Blog
0 comments