Software companies have a range of intellectual property protection tools available under Kenyan law. The challenge is selecting the right combination for the specific assets being protected and implementing them in a commercially practical way.
Copyright: The Foundation of Software IP
Computer programs are protected as literary works under the Copyright Act (Cap 130). Protection arises automatically without registration. It covers the specific expression of the code, not the underlying idea or functionality. The critical ownership issue is ensuring all code belongs to the company. Code written by contractors belongs to the contractor unless assigned in writing. Every development contract must contain an IP assignment clause.
Trademarks: Protecting Brand and Product Names
Company names, product names, logos, and distinctive user interface elements can be registered as trademarks at KIPI. For SaaS companies operating across East Africa, ARIPO trademark registration is more efficient than filing separately in each country. Trademark registration should be a priority before public launch.
Trade Secrets and Confidentiality
Algorithms, training data, customer lists, and business processes can be protected as trade secrets through employment agreements, contractor agreements, NDAs, and physical and technical security measures. A trade secret loses protection if it enters the public domain.
Open Source Compliance
Manufacturers that incorporate open source components must comply with applicable licences. Violating a GPL licence by incorporating GPL-licensed code in a proprietary product can require the company to release its own proprietary code. An open source compliance audit is advisable before any significant licensing deal or funding round.
Protecting the IP in your software business? Contact Clay & Associates Advocates for a technology IP strategy session. Book a Consultation
