The Intellectual Property (IP) programme at IL is an IP practice that conducts research, training, publishing, consulting and mentoring in Intellectual Property and Innovation (including Trade Related Aspects of Intellectual Property & Innovation) in Kenya specifically and Africa generally. Our intellectual property practice conducts advisory, agency services, registration, protection, enforcement, litigation, transactional facilitation and management of the broad spectrum of IP, including patents, trade marks, copyright, geographical indications, plant breeders rights, biotechnology, traditional knowledge, designs, franchising, and domain names.

Innovative Lawyering and its associates are affiliated to the World Intellectual Property organization (WIPO) and the World Trade Organization (WTO). Some of its associates, Prof. Ben Sihanya and Ms Marisella Ouma, teach Intellectual Property at the University of Nairobi, and Trade Related Aspects of Intellectual Property (TRIPS) at WIPO, University of Namibia and University of Swaziland. IL and its associates have consulted for the WIPO, WTO and the Government of Kenya on IP and other related issues, including the legislative drafting of the Kenya Copyright Act, the Industrial Property Act, and the Anti-Counterfeiting Act.

Ongoing Research in IP and Innovation

Intellectual Property and Innovation in Kenya and Africa: Transferring  Technology for Sustainable Development  (forthcoming book, 2011)

Challenges to intra-EAC trade from the perspective of EAC Intellectual Property Rights and Rules of Origin, (2010) Dr Ben Sihanya and Dr Hellen Ommeh Nattu.

Intellectual Property and Technology Transfer Administration in Kenyan Universities (forthcoming 2010) Moi University Law Journal. This is a paper to be presented as the keynote address at Moi University at its 6th Annual International Conference on Knowledge Management and Applied Technological Innovations for Sustainable Development,’ from  September 7 to 11, 2010.

 Recent Research in IP & Innovation

“Copyright law in Kenya,” International Review of Intellectual Property and Competition Law, Journal of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Germany, (in press, 2010) Editorial Board by Prof William Cornish, Prof Paul Goldstein et al (refereed).

Marisella Ouma and Dr. Ben Sihanya “Access to Knowledge in Africa: The Role of Copyright: ‘Kenya’“ (forthcoming 2010) a study under the auspices of the African Copyright and Access to Knowledge (ACA2K) project and IDRC Acacia Initiative for Africa and Shuttleworth Foundation Intellectual Property Rights programme (launched at the University of Cape town, South Africa July 31, 2010.)

Ben Sihanya “Copyright in E-Commerce and Music Industry in Kenya,” in Prof Moni Wekesa and Ben Sihanya (eds) (2009) Intellectual Property Rights in Kenya, Konrad-Adeneur-Stiftung, Nairobi, pp. 133-176 (peer reviewed). Printed on October 23, 2009 and launched on November 10, 2009, at Panafric Hotel, Nairobi.

Ben Sihanya “Combating Counterfeit Trade in Kenya” in Prof Moni Wekesa and Ben Sihanya (eds) (2009) Intellectual Property Rights in Kenya, Konrad-Adeneur-Stiftung, Nairobi, pp 207-266 (peer reviewed). Printed on October 23, 2009 and launched on November 10, 2009, at Panafric Hotel, Nairobi.

Ben Sihanya “Intellectual property and mentoring for innovation and industrialization in Kenya,” Law Society of Kenya Journal, Vol. 5, 2009 No. 1, pp. 29-57, eds: Prof Albert Mumma, Dr Elizabeth Muli, Dr Ekuru Aukot, Mumbi Ngugi, Betty Nyabuto, et al, Editor-in-Chief: George O. Otieno Ochich  (refereed).

Ben Sihanya “Intellectual property, quality assurance and ISO in Kenyan universities,” Law Society of Kenya Journal, Vol. 4 2008 No. 1, pp. 35-65, eds: Prof Albert Mumma, Dr Elizabeth Muli, Dr Ekuru Aukot, Mumbi Ngugi, Betty Nyabuto, et al. Editor-in-Chief: George O. Otieno Ochich   (refereed).

Ben Sihanya “Intellectual property and mentoring for innovation and industrialization in Kenya,” University of Nairobi Law Journal, Vol. 4 issue 1, 2008, pp. 20-46, Consulting Eds: Dr Ben Sihanya and Mr   Kyalo Mbobu. Peer reviewers were drawn from academics at University of Nairobi Law School.

Ben Sihanya “Intellectual property and mentoring for innovation and industrialization in Kenya,” University of Nairobi Law Journal, Vol. 4 issue 1, 2008, pp. 20-46, Consulting Eds: Dr Ben Sihanya and Mr   Kyalo Mbobu. Peer reviewers were drawn from academics at University of Nairobi Law School.

Ben Sihanya “Patent law and practice in Kenya,” International Review of Intellectual Property and Competition Law, Volume 38, 6/2007, pg 648–658, Journal of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Editorial Board by Prof William Cornish, Prof Paul Goldstein et al (refereed).

Ben Sihanya “Intellectual property for innovation and industrialization in Kenya,” in Proceedings of 2006 JKUAT Scientific, Technological and Industrialization Conference, Harnessing Scientific and Technological Synergies for Innovation and Industrialization, Jomo Kenyatta University of Agriculture and Technology, Nairobi, October 26-27, 2006 (published 2007), pp. 38-58 (refereed).

Ben Sihanya “Patents, parallel importation and compulsory licensing of HIV/AIDS drugs in Kenya,” study under the auspices of the World Trade Organisation (WTO) and Adelaide University, a Chapter in Peter Gallagher, Patrick Low, and Andrew L. Stoler (eds) Managing the Challenges of WTO Participation, Cambridge University Press, London (2005) (peer reviewed).

Ben Sihanya “Intellectual property confronts counterfeiting in Africa: protecting innovators and consumers in the cyber society,” Chapter 19 in Prof Thomas Wilhemsson, et al (eds.) (2001) Consumer Law in the Information Society Kluwer Law International, London; pp. 329-364; peer reviewed by International Association of Consumer Law (IACL) members – Consumer Law experts in five continents and other experts (peer reviewed).

Ben Sihanya “Intellectual property and innovation in Kenya: legal and regulatory issues in business incubation,” in Prof Bernard Aduda (ed) Science and Technology Park Development for Sustainable Industrial Growth, Jomo Kenyatta University of Agriculture and Technology, Proceedings of the National Workshop in Commemoration of the Scientific Revival Day of Africa, June 2004, Kenya National Academy of Sciences (KNAS), Nairobi, pp. 41-58. (refereed).