Intellectual Property and Innovation Research

In an era of rapid technological advancement, the intersection of intellectual property (IP) and innovation plays a pivotal role in shaping economies and societies. Our Intellectual Property and Innovation research delves into the evolving landscape of IP laws, policies, and practices, with a particular focus on emerging technologies and industries.

Our research provides in-depth analysis and insights into how IP frameworks can support innovation while balancing the rights and interests of creators, businesses, and the public. We explore a wide range of issues, including patent law, copyright, trademarks, trade secrets, geographical indications, traditional knowledge, and traditional cultural expressions. We place a special emphasis on their impact on the digital technology, creative industries, and biotechnology sectors.

We provide evidence-based research and impartial analysis to support ongoing discussions on IP policy development at local, national, and continental levels. Our objective is to foster economic growth, safeguard creative and innovative endeavours, and ensure that IP policies are responsive to the challenges of an increasingly globalized and digital world.

The Right to Research and Copyright Law: Text and Data Mining 

Text and Data Mining (TDM) technology is a valuable tool in research, enabling the analysis of large amounts of data quickly. TDM involves a four-step process of identifying relevant documents, converting them to machine-readable format, extracting structured data, and mining the data for new knowledge. However, conducting research using TDM in Kenya presents several challenges, such as the absence of a supportive legal framework, limited access to reliable internet connections, a shortage of AI experts, and insufficient financial resources. TDM research often involves the use of copyrighted materials, requiring either consent from the copyright owners or exceptions in copyright law. While some countries have amended their laws to provide specific exceptions for TDM, Kenya’s copyright law lacks clarity in this regard. Kenya’s copyright framework has an exception for scientific research, but there is a lack of clarity on whether TDM research falls under this exception. Comparisons with South Africa’s copyright amendment law highlight the need for more specific and flexible exceptions. This research found that Kenya’s copyright exceptions and limitations should be updated and expanded to accommodate TDM research and other technology-based research. International guidelines are also needed to address the application of copyright to TDM technology. Read more on our research findings and recommendations in this Policy Brief and White Paper.

Intellectual Property and Artificial Intelligence

The convergence of Artificial Intelligence (AI) and Intellectual Property (IP) rights marks a new era of innovation and creativity. AI’s advanced algorithms are swiftly reshaping industries, yet their integration presents a complex tapestry of challenges and unprecedented possibilities within the IP domain.

Booklets

The “IP and AI” booklet series is a concise guide to understanding Intellectual Property (IP) in the Artificial Intelligence (AI) landscape. Explore the intricate relationship between Intellectual Property (IP) and AI as we provide essential insights and real-world case studies. Whether you are a tech entrepreneur, a legal expert, or simply curious about technology and IP, these booklets serve as your roadmap to grasp how IP intersects with AI innovations in the digital age.

  1. A Snapshot of the Intersection of AI and Copyright Law: The Author Dilemma

Articles

In the realm of patents, AI-generated innovations challenge traditional notions of inventorship, raising questions about novelty and inventiveness. The case of DABUS, an AI system that sought patents without human intervention exemplifies this complexity. Different jurisdictions have a varied stance on this, with the US and EU rejecting AI as inventors, and Australia initially accepting it before reversing its decision. On the other hand, South Africa granted a patent to DABUS. Notably, Kenya’s law maintains a human inventorship requirement. Read more on this here.

In the domain of trademarks, AI revolutionizes administration by enhancing evaluation and registration processes through image recognition and classification. However, as AI influences consumer experiences, particularly in tailored recommendations, its role in trademark law becomes more complex. AI’s impact on consumer decisions complicates infringement cases, challenging established confusion standards. Read more on this here.

In copyright, AI’s creative potential intersects with existing laws. Different jurisdictions diverge on whether AI can be an author, with Europe emphasizing the requirement for the “author’s own intellectual creation,” the US, Australia, and Kenya requiring human authorship, and the UK uniquely protecting AI-created works. Read more on this here.

AI components find protection in trade secrets, which safeguard algorithms and know-how. The advantages of trade secrets over patents include immediate protection and lenient requirements. However, proving infringement in trade secrets is challenging. Read more on this here.

Navigating the fusion of AI and IP demands precise legal frameworks and ethical guidelines. Collaborative efforts among policymakers, legal experts, and stakeholders are also crucial to balancing innovation, rights, and ethics as AI reshapes industries.

Read more about the practical impact of AI on IP here and here.

A critical review of intellectual property rights in the Kenyan tea sector

‘A Critical Review of Intellectual Property Rights in the Kenyan Tea Sector’ authored by Dr. Isaac Rutenberg examines the role ...
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Framework for assessing technology hubs in Africa

Report Summary Period: 2014-2021 Partner: Open African Innovation Research (Open AIR) The Open African Innovation Research (Open AIR) Partnership is ...
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Utility model protection in Kenya: The case for substantive examination

‘Utility Model Protection in Kenya – The Case for Substantive Examination,’ authored by I. Rutenberg and L. Makanga, discusses how ...
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Do patents and utility model certificates encourage innovation in Kenya?

‘Do Patents and Utility Model Certificates Promote Innovation in Kenya?’ authored by I. Rutenberg and J. Mwangi examines the role ...
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Patenting the un-patentable: Lessons for African patent systems from a review of patent subject matter exclusions in Kenya.

‘Patenting the Un-patentable: Lessons for African Patent Systems from a Review of Patent Subject Matter Exclusions in Kenya,’ co-authored by ...
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Copyright Protection in Kenya: A Simplified Guide for Creatives and Intellectual Property Law Practitioners

Summary Kenya has seen and is experiencing growth in its arts and creative industry. This is evidenced by the increased ...
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COPYRIGHT101 PAMPHLET

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THE RIGHT TO RESEARCH AND COPYRIGHT LAW IN KENYA: TEXT AND DATA MINING

The Right to Research and Copyright Law: Text and Data Mining Text and Data Mining (TDM) technology is a valuable ...
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Industrial Intellectual Property Rights Database

CIPIT has developed a user-friendly industrial intellectual property (IP) rights database to consolidate information on formalized industrial IP rights in Kenya. This comprehensive database covers a diverse range of industrial aspects, including industrial designs, patents, trademarks, and utility models. Industrial designs protect the look and feel of products, while patents offer exclusive rights for inventive solutions to technological problems. Trademarks serve as recognizable symbols distinguishing businesses’ goods or services, and utility models provide protection for incremental innovations.

The database is a valuable tool for accessing and understanding information about registered industrial IP rights in Kenya, contributing to innovation and protection within the industrial sector. It serves as a centralized hub for inventors, legal professionals, businesses and policymakers seeking information on registered IP rights in the industrial domain.

The Industrial IP Database is an indispensable resource that facilitates informed decision-making and encourages innovation within the industrial landscape by providing comprehensive information and valuable search tools. The database is available here.