Industrial Design Regulations in Kenya

Why Design Protection Is a Business Asset

In today’s fiercely competitive consumer landscape, appearance sells. Whether it’s the graceful curve of a smartphone, a decorative embossing on a lotion bottle, or an innovative shape of a chair, a product’s visual appeal plays a major role in its market success.

Unfortunately, that aesthetic appeal is also what gets copied most often.
In Kenya, product appearance can be legally protected by registering an industrial design with the Kenya Industrial Property Institute (KIPI) under the Industrial Property Act 2001. This regulation helps businesses and creators guard their designs from imitation—and importantly—leverage them commercially.

This article unpacks the essentials of industrial design regulations in Kenya: from registration to enforcement. It explains why design protection is not just for artists, but for any brand that values distinction.

What Is an Industrial Design?

Under Section 84 of the Industrial Property Act, an industrial design in Kenya means “any composition of lines or colours or any three-dimensional form that gives a special appearance to a product of industry or handicraft and can serve as pattern for a product of industry or handicraft.”
In simpler terms: an industrial design protects the outward appearance of an object—it might be the shape, configuration, pattern, decoration, surface or packaging.

It applies to things like:

• The unique bottle shape of a soft drink or lotion product.

• Surface patterns on ceramic tiles or textiles.

• Packaging layout that gives the product a distinct look.

• Iconic shoe shapes or handbag contours which make a product recognisable in the market.

What it doesn’t cover:

• The technical or functional aspects of a product (those are patent or utility model territory).

• Mere ideas without visible form, or purely artistic works which lack industrial application.

Why Protect Industrial Designs in Kenya?

Protecting an industrial design is more than legal formality—it becomes a strategic business asset:

1. Market Differentiation
   A unique design is a silent salesperson. It helps your brand maintain visual identity, product recognition and stand out in crowded shelves or online catalogues.

2. Legal Ownership & Enforcement
   Once registered, the rights holder has exclusive rights to use, license and stop others from copying the design. This legal certainty gives peace of mind and market control.

3. Monetisation & Licensing
   Your registered design can become a revenue stream: you can licence it, franchise it, or sell it. The asset value of your product design becomes tangible.

4. Attractive to Investors
   Investors favour businesses with registered intellectual property (IP). Registered design rights signal brand-equity, risk management, and potential for scaling.

What Makes a Design Registrable in Kenya?

Under Kenyan law, a design must meet the following:

• New — it must not have been disclosed anywhere before the filing date of the application.

• Original — it must reflect the creator’s own work and not be a copy of an existing design.

• Industrial applicability — the design must be capable of being reproduced in large numbers (i.e., for industrial or handicraft production) because the law emphasises that the design gives appearance to a product of industry or handicraft.

How to Register an Industrial Design with KIPI

Here’s a detailed step-by-step overview of the registration process in Kenya:

1. Prepare Your Application

   • Complete Form IP 23 (Application for Registration of Industrial Design).

   • Provide representations: drawings or photographs showing the design from different views (4-6 views recommended) to illustrate shape, pattern or surface decoration.

   • Include a brief description of the design and indicate the product category and class under the Locarno Classification system.

   • Pay the prescribed application/filing fee.

2. File with KIPI

   • Submit your application either physically at KIPI’s offices in Nairobi (P.O. Box 51648-00200, Nairobi) or via the online e-IP portal if available.

3. Formal Examination by KIPI

   • KIPI will check for completeness of the application.

   • The design is classified under the Locarno Classification system.

   • Examination checks for novelty and industrial applicability.

4. Registration and Publication

   • If approved, the design is entered into the Industrial Designs Register and published in the Kenya Industrial Property Journal.

   • Protection initially lasts for 5 years, renewable twice for further 5-year periods (so up to 15 years total) under current practice.

How Much Does It Cost?

The exact fees are subject to change (so always check the latest schedule on the KIPI website). However, typical costs include:

• Application/filing fee.

• Registration fee.

• Renewal fees every 5 years if you extend.

• Possible additional costs for expedited processing, amendments or late renewals.
  (Fee figures given in earlier sources were e.g. KSh 3,000 filing + KSh 3,000 registration + KSh 2,000 renewal)
  Though I recommend verifying current fees directly via KIPI’s published schedule.

Rights Granted Upon Registration

When you successfully register your industrial design, you obtain exclusive rights to do the following:

• Prevent others from making, selling, or importing products that copy your registered design (or are substantially similar) without your consent.

• Control use of the design for marketing purposes (if your design appearance is used in promotion).

• Commercialise goods that embody or resemble your registered design.
  In the event of infringement, you may seek legal remedies: injunctions, seizure/destruction of infringing goods, or monetary compensation/settlements.

What About Unregistered Designs?

If you do not register your design with KIPI:

• You will have very limited protection under common law in Kenya—proving originality or prior use is difficult.

• Legal remedies are weak or non-existent for unregistered designs, making enforcement costly and uncertain.

• The risk of losing your design to imitators increases significantly.
  Thus, for serious business operations that count on distinctive design, registration is essential.

Case Study: Kenyan Fashion Brand Protects Its Shoe Design

A Nairobi-based footwear brand developed a distinctive sandal design which became popular online. Soon after, cheaper look-alikes flooded local markets. Because the company had already registered the design with KIPI, it was able to:

• Issue cease-and-desist letters to the copycats.

• Partner with customs authorities to block imports of counterfeit shoes.

• Use the label “Design Protected” in its branding, boosting consumer confidence.
  Outcome: The brand preserved its market value, maintained pricing discipline, and gained media coverage for its legal victory—showing that design protection pays off in practice.

Enforcing Your Design Rights in Kenya

If your registered design is being infringed, you should take these steps:

1. Gather Evidence of Infringement – document the infringing products, packaging, sales channels and how they mimic your design.

2. Send a Legal Notice (through an IP attorney) – demand that the infringer ceases use and/or compensates you.

3. File a Claim – you may take the matter to the high court or through the dispute resolution mechanism under KIPI or the Anti‑Counterfeit Authority depending on the nature of the case.

4. Apply for Remedies such as:

   • Injunction to stop manufacture/sale/import.

   • Seizure and/or destruction of infringing items.

   • Compensation (damages) or settlement.

5. Use Your Registered Certificate as a Lever in negotiations, licensing and investor proposals—showing you are serious about brand protection.

Final Tips from the Experts

• Apply before disclosure – public exposure prior to your filing can destroy novelty and registrability.

• Combine your design protection with trademark and/or copyright where applicable to strengthen your overall IP portfolio.

• File renewals promptly – don’t let your rights lapse due to missed renewal deadlines.

• Include your design certificate in your brand-pack, investor pitch or licensing package—it adds credibility.

• Keep strong documentation and brand surveillance – monitor the market for copying, act fast.

• Work with IP professionals – especially if you plan to license, export or scale internationally, expert advice pays off.

Design Protection Is Strategic, Not Optional

In Kenya’s evolving creative economy, visual branding is as important as functionality. Whether you’re in fashion, tech, cosmetics, packaging or manufacturing, guarding your product’s design means protecting your business identity.

Thanks to the industrial design framework under KIPI, creators and companies now have a clear legal path to secure their designs and enjoy exclusive rights. If you value distinction, registration, enforcement and strategic use of your design rights should be part of your business plan. Don’t leave your design vulnerable—register, enforce, and grow with confidence.

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