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Intellectual Property

Intellectual Property

As an Intellectual Property law firm, our approach is to combine expert advice with a pragmatic approach and provide clients with valuable advice succinctly and efficiently.

Our team is made up of IP lawyers who have the experience and knowledge to help you protect, manage, exploit, enforce, and defend your intellectual property rights. Our experience covers the entire spectrum of intellectual property law and practice.

We are aware that lawyers are often accused of being too formal, abrasive, aggressive, slow, or simply just too painful to deal with. At this law firm, our intellectual property lawyers aim to strike the right balance between being driven and tough when protecting your interests and demonstrating strong interpersonal skills. We always strive to provide the highest levels of customer service but we want you to be relaxed and comfortable in our company.

At the outset of every matter, we will discuss your requirements and identify which member of our team is best placed to provide the specialist intellectual property advice you require, ensuring that our offering is tailored to your specific needs. The result is that our clients benefit from the maximum amount of expertise and experience being directed to the matter in hand, right from the first meeting all the way through the conclusion of your case.

If you would like to find out more about what Intellectual Property services can be offered by our law firm to you or your business, please contact us on +254 20 2100 999 or email us at solutions@clay-law.com for a free initial chat about any Intellectual Property legal issue.

Intellectual Property Services

Anti-Counterfeiting

Here, we would represent you and help to prevent your competitors from imitating your brands, products and designs.

Copyright and Database Rights

Our experts can help across a range of areas, including disputes and litigation, commercial transactions, general clearance and advisory work, intellectual property rights audits and chain of title research.

Design Rights

We are here to help you to protect your creative investment and negotiate the complex legal maze of multiple overlapping design laws in Kenya, East Africa and throughout the COMESA region.

Patent Litigation

Whether it’s patent claims in the High Court to more modest, but vital patent claims at the Intellectual Property Tribunal, our team has the skills and experience to manage all forms of patent litigation

Know How, Trade Secrets and Confidential Information

Through commercial agreements and litigation measures we can help you protect and exploit these valuable assets

Trade Marks and Brands

We can advise you across the whole spectrum of trade mark rights and related rights (such as passing off), including: clearance searches, protection and registerability issues, co-ordination and management of trade mark filings, branding and franchise agreements, disputes and litigation.

Count On Us

We all share the same common goals – to deliver legal advice of the highest quality that is clear and easy-to-understand for our clients and meets their specific needs at competitive rates (including fixed fees wherever possible to deliver value for money and budget certainty).

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Mon- Fri: 7.00 am – 7.00 pm
Sat: 9.00 am - 12.00 pm

Our Intellectual Property Services

What is Intellectual Property?

Intellectual property rights generally fall into four main areas: copyright, trade marks (spelt “trademarks by Americans), design rights and patents (don’t get us started on how Brits pronounce “patent”). Just as the law protects ownership of personal property and real estate, it also protects the exclusive control of certain intangible assets, in this case intellectual property.

The theory behind intellectual property laws (otherwise known as “IP laws”) is to grant certain time limited monopolies or exclusive rights in exchange for complying with certain registration formalities or qualifying conditions. This encourages and facilitates an environment in which creativity, originality and innovation can flourish by ensuring that originators of creative work can profit from their works without fear of misappropriation by others.

When individuals and businesses know that their creative work will be protected by law and that they can benefit financially from their endeavours, they are more likely to develop new technologies, create employment opportunities, make processes and procedures more efficient, improve the lives of others and create original material that entertains and excites.

Why should you protect your Intellectual Property?

For many individuals and companies, intellectual property law protects more than just an idea or a concept – it protects genuine business assets that may be integral to the core services of a business, its overall value and its long-term financial viability.

Intellectual property is a complex area of law. It can involve analysing a complex myriad of Kenyan, East African and international laws. IP laws can cover many different forms of creative work, from logos and corporate identity designs to products and services that set your business apart from your competitors. However, there are many traps and pitfalls for the unwary. It is particularly disappointing for us when clients come to us too late and only after they have missed the chance to protect their creations to the maximum extent possible. Because of this, it is often essential to consider the intellectual property law implications at the outset of any important new business project.

Protect Your Ideas

When you have an idea for a potentially lucrative product or service, you risk others stealing your ideas and selling them as their own.

Depending on the type of asset that you want to protect, you need to understand which intellectual property right is available to you (i.e. patents, trade marks, designs and/or copyrights) and which of those will be suitable to achieve your business objectives.

Protect Business Growth

If you are a business – irrespective of size – it is crucial to protect unique products or services for which you own the IP rights, as competitors can use your success to effectively reduce your market share, resulting in slow growth or loss of revenue. If this happens to your business, our IP lawyers will advise you on the appropriate course of action to take.

Losing market share early on in the life of a business can have a profound effect on its ability to attract investors, employ staff and ultimately increase profits. It’s important to remember that no one else will check to see if your intellectual property rights have been protected and/or are being infringed.

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    Clay & Associates Advocates is registered as a law firm under the Laws of Kenya. Our professional indemnity insurer is Britam General Insurance Company Limited and is in respect of the firm’s practice. Calls may be recorded for quality and training purposes.

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