Intellectual Property
We categorize Intellectual Property (IP) as a key asset for all businesses (especially startups) and thus recognize the need to protect these rights as a critical survival and growth strategy. Consequently, the D&J Law Intellectual Property Team assists businesses and individuals in several key IP areas:
- Registration of IP including trademarks, patents, copyrights, industrial designs, utility models, trade secrets and trade names in Kenya (via Kenya Industrial Property Institute [KIPI] and the Kenya Copyright Board [KECOBO]), regionally (via the African Regional Intellectual Property Organization [ARIPO] and Organisation Africaine de la Propriété Intellectuelle [OAPI]) and globally (via World Intellectual Property Organization [WIPO]);
- Drafting licensing, user, assignment, technology transfer, franchising and non-disclosure agreements pertaining to intellectual property;
- Advising on royalties;
- Conducting IP asset due diligence and audit to highlight related risks and identify opportunities;
- Advising on unfair competition relating to IPs such as trademark infringement, false advertising, unauthorized substitution, bait-and-switch tactics, misappropriation of trade secrets, below-cost selling, dumping, and rumor mongering;
- Brand protection and reputation management;
- Handling opposition actions, infringement and passing off actions, anti-counterfeits actions before the KIPI Tribunal as well as handling appeals before the High Court and the Court of Appeal and other jurisdictions;
- Advising on new laws and regulations governing the protection of unique ideas and innovations; and
- Advising on new and creative ideas that increase the value of the clients' IP portfolios.