Clay&AssociatesAdvocates

Insights

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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.

African 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 2026Nairobi office building, illustrating trademark protection across East AfricaIntellectual PropertyTrademark Protection Across East Africa: Comparing Kenya, Uganda, Tanzania, and RwandaTrademark protection across East Africa is often treated by foreign brand owners as a single regional problem with…27 Jul 2026African businessman signing documents, illustrating ARIPO vs OAPI regional IP filing systemsIntellectual PropertyARIPO vs OAPI: Why Anglophone and Francophone Africa Split Into Two IP Systems, and Where Kenya FitsARIPO vs OAPI is the split that decides which regional filing route, if any, actually reaches a given…27 Jul 2026A shopfront with a glass door, illustrating well-known marks in Kenya protected without local registrationIntellectual PropertyWell-Known Marks in Kenya: Protection Without Local Registration Under the Paris ConventionWell-known marks in Kenya get real legal protection without local registration, but only if the fame can be…17 Jul 2026Assorted currency banknotes, illustrating royalty withholding tax in Kenya on cross-border IP licencesIntellectual PropertyLicensing IP Across Borders From Kenya: Royalty Withholding Tax and Central Bank ConsiderationsRoyalty withholding tax in Kenya is only one half of what a foreign licensor needs to plan for…17 Jul 2026Two business people shaking hands, representing IP due diligence in Kenya ahead of a cross-border M&A transactionIntellectual PropertyIP Due Diligence in Kenya for Cross-Border M&A and InvestmentIP due diligence in Kenya usually starts, reasonably enough, with a cross-border buyer or investor pulling the KIPI…17 Jul 2026A wooden gavel, illustrating enforcing a foreign judgment in Kenya or a foreign arbitral award over IP rightsIntellectual PropertyEnforcing a Foreign Judgment or Arbitral Award Over IP Rights in KenyaEnforcing a foreign judgment in Kenya is a separate legal exercise from winning one abroad, and the route…17 Jul 2026Madrid Trademark Designation Kenya — A flag hanging on a building facade, illustrating Madrid trademark designations in Kenya under the Madrid ProtocolIntellectual PropertyMadrid Trademark Designations in Kenya: Why KIPI’s Examination Is Not Just a FormalityMadrid trademark designations in Kenya go through a genuine substantive check, not the rubber stamp many foreign owners…17 Jul 2026PCT National Phase Entry Kenya — Close-up of printed application text, illustrating PCT national phase entry in Kenya at KIPIIntellectual PropertyPCT National Phase Entry in Kenya: Deadlines, Costs, and Common PitfallsPCT National Phase Entry Kenya trips up businesses more often than the underlying rules would suggest; this article…17 Jul 2026 Talk to usNot sure where to start?Tell us what you need and we will point you to the right person.Get in touch