The bill is meant to bring kenyan legislation up to date as regards to trends in. Enacted by the parliament of kenya, as follows part ipreliminary 1. There are several categories of trademark and they are classified into several classes. Well, until you register it, it is not yours and you have no exclusive claim to it.
Part ii registration, infringement and other substantive provisions. Preliminary short title 1 interpretation 2 appointment of registrar and other officers 3 part ii. The trade marks act, 20 parliament of sierra leone. Trade marks covers common issues in trade mark laws and regulations including legislation, application, refusal, opposition and registration in 49 jurisdictions. The act has elaborate provisions against the infringement of trade mark rights.
The employment act, 2007 arrangement of sections sections. Collection of laws for electronic access kenya ke006en marks, act ch. The trade marks bill, 2015 a bill for an act of parliament to establish a legal framework for registration and protection of trade marks and other related matters enacted by the parliament of. Establishment of the bureau there is hereby established a bureau which shall be a body corporate by. An act of parliament to consolidate the law relating to trade unions and trade disputes, to. Iclg trade mark laws and regulations covers common issues in trade mark laws and regulations including legislation, application, refusal, opposition and registration in. State corporations ministry of industry, trade and cooperatives. In order for a trade mark other than a certification mark to be registrable in kenya, under the trade marks act cap 506 it must contain or consist of at least one of the following essential particulars. Repeal of trade marks act 1994 part 2interpretation 6. Kenya subsidiary legislation, 1970 legal notice no. This act may be cited as the trade marks act and shall come into. In this act, unless the context otherwise requires.
Published by the national council for law reporting with the. Subsidiary legislation, 2003 the trade marks act cap. May 09, 2011 trade marks in kenya are registered by kenya industrial property institute kipi and administered by its managing director who is the registrar of trade marks for purposes of the trade mark act. Effect of invalidity of registration on licence 170.
A guide to applying for your trade mark 7 trade marks, business, company and domain names people are often confused between business, company or domain names and trade marks. Trade marks act 2002 no 49 as at january 2020, public. The ghana trade marks amendment regulation, 1972 page. Registration to be in respect of particular goods or services. Dec 16, 2016 the following laws are applicable to u. Labour relations act central organization of trade. Drafting instructions for the trade marks bill, 2015 the. Trademark classification is classified into classes in almost all. The trade marks act, 2014 7 b the registration has been opposed but the opposition was decided in favour of the applicant. It considers types of trade mark infringement, who may bring a claim, the meaning of statutory provisions and relevant case law.
The platform is a good one but how i wish it is very effective. Before applying for the registration of a trade mark, an applicant should conduct a search to find out whether the trademark is registrable or not and also whether there exists in the records a trademark which could be confused with the intended trade mark. This act may be cited as the trade marks amendment. To build your brand identity, try to secure the same name for your trade mark, business, company and domain names. Even though the wto advocates trade opening, many wto members do not liberalize every sector of the economy and, instead, maintain certain barriers to. In march 2015, kenya industrial property institute kipi announced that it had prepared drafting instructions to overhaul the trade marks act.
The name of a company, individual or firm, represented in a special or particular manner. Article 61 of the trade related aspects of intellectual property rights trips agreement obliges members to put in place criminal procedures and penalties for cases involving wilful trade mark counterfeiting and piracy on a commercial scale through remedies which include imprisonment andor monetary fines in ways sufficient to act as deterrent consistent with the. Act, it is a criminal offence to infringe upon a registered trademark. Kenya industrial property institute about trademarks. The agency was established to prohibit trade in counterfeit.
The trademarks act cap 506 describes a mark as a distinguishing guise, slogan, device, brand, heading, label, ticket, name, signature, word, letter or numeral. This is because in practice trade mark infringement is far easier for gacc officials to recognise visually than patents or. Power to make rules for the disposal of records 1 the chief. An act to repeal the trade marks act and make new provisions with respect to trade marks in place thereof and for connected purposes. Before applying for the registration of a trade mark, an applicant should conduct a search to find out whether the trademark is registrable or not and also. Criminal procedures and penalties for infringement of. Interpretation 1 in this act, unless the context otherwise requires advertisement includes a catalogue, a circular and a price list. The salient features of the indian trademarks act, 1999 with the trade marks act, 1999, being brought into force on september15, 2003, india has made a step towards fulfilling its international obligations. Amended by companies act 71 of 2008 from 1 may 2011. Aripo means the african regional industrial property organization.
Do you have that mark, that word, that sign or brand that you identify with. Trademarks protection in kenya institute of economic affairs. Trade marks, patents and can all be recorded and used as evidence of infringement, however 3 of goods seized in 2012 were detained on grounds of trade mark infringement. Transferability of trade marks part 8 surrender, removal and invalidation 175. If you are an expert in this practice area and your country is on the list below, contact us to apply to contribute to this guide. Power to make rules for the disposal of records 1 the chief justice after consultation with the kenya national archives and documentation service and the commission on administrative justice and subject. Trade mark and passing off disputes trade markspassing off. Act 175 trade marks act 1976 an act to make better provisions in the law relating to trade marks and for other matters connected therewith. Act 17 trademarks act 2010 limitation means any limitation of the exclusive right to the use of a trademark given by the registration of a person as owner of the trademark, including limitation of that. Section 40d of the trade marks act states as follows. Interpretation 1 in this act, except where the context otherwise requires a convention countrymeans a country, other than kenya, that is party. An act to make provision relating to the registration of trade marks and for other.
Government gazette 15400, government notice 7 subject. Trade marks in kenya are registered by kenya industrial property institute kipi and administered by its managing director who is the registrar of trade marks for purposes of the trade. Article 61 of the trade related aspects of intellectual property rights trips agreement obliges members to put in place criminal procedures and penalties for cases involving wilful trade. Kenya trademarks act high court allows parallel importation of durex trade mark products in kenya march 22, 2016 march 31, 2016 victor nzomo leave a comment. The trade marks rules 2008 came into force on 1 october 2008 and these rules revoke and replace the trade marks. Procedure for registration the procedure for registration of trade marks is contained in sec.
The preferential market access granted to kenya and other african countries through the africa growth and opportunity act agoa has played a critical role in spurring kenyas exports with the us. The agriculture, fisheries and food authority act no. Registration of trademarks in kenya capita registrars. Pdf effect of international trade on economic growth in. This has been most dramatic in the case of the textiles and apparel sector, which grew at 44% a year in the few years after agoas passage. A guide to applying for your trade mark ip australia. Kenya food and agricultural import regulations and standards. Although the act was passed by kenyas parliament in 2008, it came into force on 1st july 2009 with the principal aim of prohibiting trade in counterfeit goods. The kenya anticounterfeit agency aca is a state corporation established under section 3 of the anticounterfeit act, 2008, laws of kenya. Trademarks act cap 506 collection of laws for electronic. The trade marks act, 1999, defines a trade mark as. Short title this act may be cited as the records disposal act. Preliminary advice and search before or after applying. No action for infringement of unregistered trade mark.
Trademark classes, trademark class, trademark classification. The employment act, 2007 5 an act of parliament to repeal the employment act, declare and define the fundamental rights of employees, to provide basic conditions of employment of employees, to regulate employment of children, and to provide for matters connected with the foregoing. An act to make new provision for registered trade marks, implementing council directive no. The agency was established to prohibit trade in counterfeit goods in kenya. The ipo administers the trade marks act according to detailed trade marks rules. The act creates the kenya industrial property institute kipi, an institution for the administration of patents, industrial designs and trade service marks. Laws of kenya trade descriptions act chapter 505 revised edition 2012 1980 published by the national council for law reporting with the authority of the attorneygeneral.
The ghana trade marks amendment regulation, 1972 page 1. It is an orderly arrangement of documents according to the type and the description the goods and services. In kenya, registration of marks is governed by the trademarks act, cap 506 of the laws of kenya. Trademarks act, 2010, 2010 uganda legal information. Short title this act may be cited as the trade descriptions act. The trade marks bill, 2015 a bill for an act of parliament to establish a legal framework for registration and protection of trade marks and other related matters enacted by the parliament of kenya as follows. Trademark classification is popularly known as classification of services and goods. Pdf effect of international trade on economic growth in kenya. Establishment of the bureau there is hereby established a bureau which shall be a body corporate by the name of the kenya bureau of standards, with perpetual succession and a common seal, and which shall, in its corporate name, be capable of. This act is administered by the ministry of business, innovation, and employment. Provided that nothing in this act shall i affect a any agreement between partners as to their own business. An act to repeal the trade marks act and make new provisions with respect to trade marks in place thereof and for connected.
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