Intellectual Property Rights:

Definition and Examples

Do you want to work on mechanical or software patents? Litigate rights in
music or art? Or counsel corporate clients on how to license their content
while protecting it? The intellectual property rights field is diverse, with many
lucrative sectors.
Explore the definition and examples of intellectual property law while
discovering the various roles of IP lawyers.
What is the Definition of Intellectual
Property Rights?
The definition of intellectual property rights is any and all rights associated
with intangible assets owned by a person or company and protected against
use without consent. Intangible assets refer to non-physical property,
including right of ownership in intellectual property . Examples of intellectual
property rights include:
 Patents
 Domain names
 Industrial design
 Confidential information
 Inventions
 Moral rights
 Database rights
 Works of authorship
 Service marks
 Logos
 Trademarks
 Design rights
 Business or trade names
 Commercial secrets
 Computer software

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 What Are the Types of Intellectual
Property?
There are four main types of intellectual property rights, including patents,
trademarks, copyrights, and trade secrets. Owners of intellectual property
frequently use more than one of these types of intellectual property law to
protect the same intangible assets. For instance, trademark law protects a
product’s name, whereas copyright law covers its tagline.
a catchphrase or slogan, especially as used in advertising, or the punchline of a
joke
1. Patents
The U.S. Patent and Trademark Office grants property rights to original
inventions, from processes to machines. Patent law protects inventions from
use by others and gives exclusive rights to one or more inventors. Technology
companies commonly use patents, as seen in the patent for the first
computer to protect their investment in creating new and innovative products.
The three types of patents consist of:
 Design patents: Protection for the aesthetics of a device or invention.
Ornamental design patents include a product’s shape (Coca-Cola bottle),
emojis, fonts, or any other distinct visual traits.
 Plant patents: Safeguards for new varieties of plants. An example of a plant
patent is pest-free versions of fruit trees. But inventors may also want a
design patient if the tree has unique visual properties.
 Utility patents: Protection for a product that serves a practical purpose and is
useful. IP examples include vehicle safety systems, software, and
pharmaceuticals. This was the first, and is still the largest, area of patent law.
2. Trademarks
Trademarks protect logos, sounds, words, colors, or symbols used by a
company to distinguish its service or product. Trademark examples include
the Twitter logo, McDonald’s golden arches, and the font used by Dunkin.
Although patents protect one product, trademarks may cover a group of
products. The Lanham Act, also called the Trademark Act of 1946, governs
trademarks, infringement, and service marks.
3. Copyrights
Copyright law protects the rights of the original creator of original works of
intellectual property. Unlike patents, copyrights must be tangible. For instance,

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 you can’t copyright an idea. But you can write down an original speech, poem,
or song and get a copyright.
Once someone creates an original work of authorship (OWA), the author
automatically owns the copyright. But, registering with the U.S. Copyright
Office gives owners a head-start in the legal system.
4. Trade Secrets
Trade secrets are a company’s intellectual property that isn’t public, has
economic value, and carries information. They may be a formula, recipe, or
process used to gain a competitive advantage.
To qualify as a trade secret, companies must work to protect proprietary
information actively. Once the information is public knowledge, then it’s no
longer protected under trade secrets laws. According to 18 USC § 1839(3),
assets may be tangible or intangible, and a trade secret can involve
information that’s:
 Business
 Financial
 Technical
 Economic
 Scientific
 Engineering
Two well-known examples include the recipe for Coca-Cola and Google’s
search algorithm. Although a patent is public, trade secrets remain
unavailable to anyone but the owner.
What Are Some Examples of
Violations of Intellectual Property?
The significant violations of intellectual property consist of infringement,
counterfeiting, and misappropriation of trade secrets. Violations of intellectual
property include:
 Creating a logo or name meant to confuse buyers into thinking they’re buying
the original brand
 Recording video or music without authorization or copying copyrighted
materials (yes, even on a photocopier, for private use)
 Copying another person’s patent and marketing it as a new patent
 Manufacturing patented goods without a license to do so
Since intellectual property can be bought, sold, or leased out, it offers many
protections equal to real property ownership. Likewise, similar remedies exist.

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A dispute may end with property confiscation, an order of monetary damages,
or cease and desist orders.
What Does an Intellectual Property
Lawyer Do?
Like many areas of law, intellectual property attorneys’ responsibilities differ
according to their niche. Lawyers may cover licensing, acquisitions, or
creation. Some create and oversee strategies to protect intellectual property
internationally and domestically. However, there are three main components
of IP law: counseling, protection, and enforcement.
1. Client Counseling
Lawyers who counsel clients find the best way to guard intellectual property
and help their clients license and use it. For example, executives enlist
attorneys to research the availability of trademarks. If a similar mark already
exists, lawyers help leaders determine whether to alter their design or drop it
altogether.
In the field of patent counseling, attorneys with a technical background assess
the client’s patent to determine the possibility of patent infringement and its
validity. Patent lawyers usually must have a background in science, including
an undergraduate degree in a scientific field, to qualify.
2. Intellectual Property Protection
Lawyers involved in the protection of intellectual property complete the
processes associated with securing the highest available rights. Doing so
involves preparing and transmitting an application with the U.S. Patent and
Trademark Office (PTO). Attorneys will also respond to issues or requests by
the agency until the patent or trademark clears and is issued
3. Enforcement of Intellectual Property
Rights
Lawyers who enforce intellectual property rights do so by guarding the owner
against infringement. Litigation against violators in federal court includes
criminal prosecution and enforcement for intellectual property rights.
International enforcement is much more complicated and can involve local
politics in the country where the infringement occurred.
What Skills Help Intellectual
Property Lawyers?
Law firms hire attorneys for work in the licensing, trademark, and copyright
fields if they have a science or litigation background. There are rarely

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 separate departments for each area at firms. However, patent attorneys may
also complete copyright and trademark work related to their field of specialty.
The most desired skills in intellectual property law include:
 Well-versed in business transactions
 Ability to work alongside other legal representatives
 Strong written and oral communication skills
 Negotiation capabilities
 An understanding of international and domestic considerations
 Lateral thinking skills
 Attention to detail
Does a Patent Attorney Require
Different Skills?
Typically, firms look for patent lawyers with a technical undergraduate degree.
Patent litigators don’t have any special requirements, whereas patent
prosecutors need to pass the U.S. Patent and Trademark Office’s Patent Bar
Exam.
Patent litigators oversee disputes, develop enforcement strategies, and
defend companies accused of patent violations. Patent prosecutors establish
patent rights by advising clients, drafting applications, and creating protection
strategies.
However, patent prosecutors must fully understand how an invention works,
differs from others, and is original, and argue these points. Lawyers in patent
law do well with a bachelor’s degree in engineering or science fields, such as:
 Physics
 Life sciences
 Material science
 Medical devices
 Electrical engineering
 Pharmaceutical and chemistry
 Mechanical engineering
 Computer science
Are Intellectual Property Lawyers In
Demand?
Yes, IP attorneys are in demand across the United States. With new
developments in science and technology, and the growth of the internet, IP
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 lawyers are needed for creators, content protections and electronic rights.
Although many types of technology firms hire at high rates, manufacturing and
pharmaceutical corporations all require legal support. However, patent
lawyers who specialize in certain areas can get higher pay and a wider variety
of job offers. These fields include:
 Electrical engineering
 Computer science
 Biotech engineering
 Biochemistry
 Mechanical engineering
Intellectual property lawyers also enjoy a fair amount of work even during an
economic downturn. IP has a high value to organizations as executives will
protect their assets regardless of a slowdown or other financial disturbance.
Since patent prosecution requires a greater knowledge level, these positions
are in higher demand and tend to be financially lucrative.


Kenya: Trademark And Other Intellectual

Property Rights Protection Kenya
18 March 202

Trade marks

A trademark can be any word, phrase, symbol, design, or a combination of these things that
identifies your goods or services. It's how customers recognize you in the marketplace and
distinguish you from your competitors. Kenya Industrial Property Institute (KIPI) a parastatal
under the Ministry of Industrialization, Trade and Enterprise Development is responsible for
Trademark registration in Kenyarademarks in Kenya are categorized in accordance with the
International Classification of Goods and Services as provided for under the NICE protocol.

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The Nice Classification (NCL), established by the Nice
Agreement (1957), is an international classification of goods
and services applied for the registration of marks. A new
edition is published every five years and, since 2013, a new
version of each edition is published annually wipo
Kenya is one of the members of the African Regional Industrial Property Organization (ARIPO).
ARIPO is based in Harare, Zimbabwe. Kenya is also empowered by the Harare protocol on
patents and industrial designs to grant patents and register industrial designs on behalf of states
also signatory to this protocol. The country is a signatory to a number of key international IP
(Intellectual Property) agreements, one of such being the TRIPS agreement of the WTO. TRIPS
stand for Trade-Related Aspects of Intellectual Property Rights.

Procedure for registering a Trademark in Kenya

1. Trademark Search in Kenya

This is a preliminary search conducted to ensure a trademark is registrable in Kenya. This

search is not mandatory but will help an applicant know their chance of success upon
application also if their desired trademark already exists in the market.

2. Application for registration of Trademark

After carrying out a trademark search, an application is officially submitted to the Registrar by
the proprietor of the trademark. This application is made on Form TM 2 and should be
accompanied by representations of the mark.

3. Examination

Three phases of examinations will be carried out during the trademark registration process. First
there will be a formality examination to ensure the general legibility of application forms. This is
followed by a search carried out by the Registrar to ensure the trademark is not similar to any
other mark on the Registry. And lastly there will be a substantive examination to make certain
the distinctiveness of the mark.

4. Advertisement

The trademark is then advertised in the KIPI Journal to allow any interested parties raise
objections. This process will be carried out for a period 60 days.

5. Approval

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Once the registrar is satisfied with the outcome of the examination, and no objections have
been raised after 60 days following publication in the journal, the trademark is approved and
registration proceedings officially begin.

6. Certification

The trademark should be certified as registered as at the date of application for registration.

Trademark Registration Fees in Kenya

The fees for the process of trademark registration is broken down by KIPI here

Significance of trademark registration in Kenya

Registration of a trademark is direct evidence of exclusive ownership in Kenya and helps keep
off potential infringers who would be attempted to ride on the goodwill of your mark. It enables
you to protect your rights easily from infringement by third parties, while also enabling you to
recover in such event. Trademark registration gives you the power to permit use by others.

Intellectual Property Protection in Kenya

Intellectual Property is a general term used to refer to intangible assets an entity or individual
possesses and can shield from external use without the owners' consent. This simply means
the owner of such property has exclusive rights over who is permitted to use their inventions,
creations or methods. Use is usually allowed after a payment of royalties or special fees as
agreed between parties involved. Trademark is a form of Intellectual property however, there
are a few others.

1. Patents

A patent is granted by a designated government agency on property/invention of the inventor. A

patent can be for a physical invention, an improvement to an existing design, a new design
entirely or even a novel process. Patents give the holders exclusive rights to who can use their
inventions and can grant the holders a competitive market advantage.

2. Copyright

Copyright protects the rights of a creator of literary or artistic works. This will generally include
books, paintings & drawings, and other pieces of literature/art. It is commonly known as the
author's right or the artist's right. The Kenya Copyright Board oversees copyrights in Kenya.

3. Industrial Design

Industrial design simply refers to the outward appearance of a product. The special designs of
some products may give them an edge in the market based on visual appeal. This form of IP
protection seeks to protect the unique design patterns of some products.

4. Utility Models

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Utility model refers to any form or configuration of an appliance, tool or other object allowing a
different (and often better) use or manufacture of the appliance or object, that gives some utility,
advantage, environmental benefit or technical effect not available in Kenya before.

The Kenyan Government's Intellectual Property Bill 2020 is a new outlook on intellectual
property protection in the nation. The Bill seeks to tighten policy control around Intellectual
Property enforcement. This bill will cause a combination of IP related Acts, thereby resulting in
the combination of all related IP agencies, namely; the Kenya Copyright Board (KECOBO),
Kenya Intellectual Property Institute (KIPI) and the Anti-Counterfeiting Agency (ACA), to form
one Intellectual Property Office of Kenya (IPOK).