Clay&AssociatesAdvocates

Intellectual Property

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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.

Pharmaceutical researcher in a laboratory, representing Kenya's patent and data exclusivity landscapeIntellectual PropertyPatent Protection for Pharmaceuticals: Why Kenya Has No Data Exclusivity RegimePatent protection for pharmaceuticals rests on ordinary Industrial Property Act rules in Kenya, and that word "ordinary" matters…29 Jul 2026African investors reviewing documents in a meeting, illustrating IP diligence on Kenyan startup cap tablesIntellectual PropertyIP Asset Registers on Kenyan Cap Tables: What Venture Investors Actually DiligenceIP asset registers on Kenyan cap tables rarely get the same scrutiny as the equity numbers themselves, until…28 Jul 2026African software developer coding, illustrating open-source and SaaS licensing risk for Kenyan tech startupsIntellectual PropertyOpen-Source and SaaS Licensing Risk for Kenyan Tech StartupsOpen-source and SaaS licensing risk catches Kenyan tech startups less often through deliberate corner-cutting than through simple inattention:…28 Jul 2026African creator typing on a laptop, illustrating AI-assisted content and copyright ownership questions in KenyaIntellectual PropertyWho Owns What an AI Tool Generates? Copyright Under Kenyan LawWho owns what an AI tool generates is no longer a hypothetical question under Kenyan law. Kenya's Copyright…28 Jul 2026Nairobi office building, representing the proposed Kenya Intellectual Property Authority merging KIPI, KECOBO, and the ACAIntellectual PropertyThe Kenya Intellectual Property Bill, 2026: What the KIPA Merger Means for IP Registration and EnforcementThe Kenya Intellectual Property Authority Bill, 2026 would end, in one stroke, the three-agency structure that anyone filing…28 Jul 2026Nairobi cityscape, birthplace of the Nairobi Treaty on the Protection of the Olympic SymbolIntellectual PropertyThe Nairobi Treaty: Kenya’s Own Contribution to Global IP Law, and Why Almost No One Else Has Ratified ItThe Nairobi Treaty is one of the few pieces of global intellectual property law that carries Kenya's name…27 Jul 2026Kigali skyline at sunset, home to EASTECO and East African Community IP harmonisation policy workIntellectual PropertyEast African Community IP Harmonisation: How Far Has It Actually Gone, and What It Means for KenyaEast African Community IP harmonisation has been a treaty commitment since 1999 and a stated goal ever since,…27 Jul 2026Shipping containers at an African port, representing AfCFTA Protocol on Intellectual Property Rights cross-border tradeIntellectual PropertyThe AfCFTA Protocol on Intellectual Property Rights: What Changes for Kenya Once It Enters Into ForceThe AfCFTA Protocol on Intellectual Property Rights changed very little for Kenya when it was adopted, and will…27 Jul 2026African businesswoman working in an office, illustrating why South Africa and Nigeria are not Madrid Protocol membersIntellectual PropertyWhy South Africa and Nigeria Are Not Madrid Protocol Members: Lessons for Filing Strategy From KenyaSouth Africa and Nigeria are not Madrid Protocol members, and that surprises a lot of foreign counsel who…27 Jul 2026 Talk to usNeed advice on Intellectual Property?Speak to an advocate about your Intellectual Property matter.Get in touch