Clay&AssociatesAdvocates

Intellectual Property

Your Business, Our Solutions.

Analysis and commentary on Kenyan law as it is practised: corporate, IP, regulatory, disputes and the industries we serve. Written by the advocates who do the work.

Training AI on copyrighted works in Kenya: young African developer working on a laptop, representing a team assembling a training datasetIntellectual PropertyTraining AI on Copyrighted Works: Text and Data Mining Risk Under Kenyan LawTraining AI on copyrighted works raises a question that Kenyan law does not answer directly. The Copyright Act,…29 Sep 2026IP in liquidation: African businesswoman reading financial news, representing a creditor or licensee following an insolvent companyIntellectual PropertyIP in Liquidation: What Happens to Trademarks, Patents and Licences When a Company FailsWhen a Kenyan company fails, its trademarks, patents, copyright and licences are among the assets a liquidator must…29 Sep 2026IP as loan security in Kenya: African professional in a blue blazer representing a borrower or lender arranging a secured facilityIntellectual PropertyIP as Loan Security: Charging Trademarks, Patents and Copyright to a Kenyan LenderUsing IP as loan security is possible in Kenya, but it works differently from the way most lenders…29 Sep 2026IP assignment tax in Kenya: African professional in a blue check suit, representing a buyer or seller of intellectual propertyIntellectual PropertyIP Assignment Tax: Stamp Duty, Capital Gains and Withholding on Transfers of Intellectual PropertyIP assignment tax in Kenya raises three separate questions when a trademark, patent or copyright is sold: stamp…29 Sep 2026Hotel management agreements: hotel reception lobby with a curved wooden front desk, representing a branded hotel run by a foreign operatorIntellectual PropertyHotel Management Agreements: Brand Licences, Fees and Withholding Tax for Foreign OperatorsA foreign hotel operator entering Kenya usually signs two things with the local property owner: a management agreement…29 Sep 2026Parallel imports and exhaustion of rights: African businessman in a teal kaftan holding a laptop, representing a distributor or brand owner in KenyaIntellectual PropertyParallel Imports and Exhaustion of Rights: What Foreign Brand Owners Can and Cannot StopParallel imports are genuine goods bought in one market and brought into another without the authority of the…29 Sep 2026Patent annuities at KIPI: young African professional in a suit, representing an inventor or owner managing patent maintenance feesIntellectual PropertyPatent Annuities at KIPI: Due Dates, Surcharges and Restoring a Lapsed PatentA Kenyan patent can last twenty years from its filing date, but only if the owner keeps paying…29 Sep 2026Company name reservation versus trademark protection: African businesswoman with gold pen and laptop reviewing brand name recordsCorporate & CommercialCompany Name Reservation Is Not Trademark Protection: BRS Approval Versus KIPI RegistrationRegistering a company and protecting a brand are separate legal acts, and foreign entrants often confuse them. A…29 Sep 2026Trademark clearance at KIPI: African businesswoman researching a brand on her laptopIntellectual PropertyTrademark Clearance at KIPI: Preliminary Advice, Register Searches and ClassificationTrademark clearance is the work done before filing to find out whether a mark can be registered and…29 Sep 2026 Talk to usNeed advice on Intellectual Property?Speak to an advocate about your Intellectual Property matter.Get in touch