By: Clarisse Mideva, Prof. Tom Peter Migun Ogada & Dr. Caroline Mbaya
Kenya’s fast-growing innovation ecosystem has made it increasingly important to clearly determine who owns intellectual property (IP). IP includes inventions, creative works, designs, trademarks, trade secrets, plant varieties, and traditional knowledge—each granting creators valuable economic rights. In Kenya, ownership depends on how the IP is created: individuals own what they create independently; employers typically own work produced by employees within their duties; consultants retain ownership unless a contract assigns it; collaborators share ownership unless agreed otherwise; and donor-funded projects follow the terms of the grant. IP can also be inherited, and minors may own IP with guardians managing it on their behalf. To avoid disputes, innovators and MSMEs should seek IP advice, use clear written agreements, develop internal IP policies, and leverage support from the Green & Digital Innovation Hub (gDIH), which offers guidance, training, and resources to help protect and commercialize innovations.
To access the document please click the button below;
