INTELLECTUAL PROPERTY (IP)/TECHNOLOGY, MEDIA & TELECOMS (TMT)

INTELLECTUAL PROPERTY (IP)/TECHNOLOGY, MEDIA & TELECOMS (TMT)

 

The disruptive potential of innovation and the economic value of the IP assets that it yields cannot be gainsaid in today’s world. A hallmark of progressive businesses is the ability to generate, identify, harness and leverage IP assets to avail significant competitive advantages. Our firm’s has unique IP law capabilities that have enabled us to position ourselves as a key partner to our clients in their efforts to create, identify, protect, commercialise and enforce their IP assets in Kenya and other parts of the African continent. We understand the IP law frameworks that exist on the continent and work together with a network of best friend local counsel in various African jurisdictions, to deliver cutting edge IP law solutions to our clients.

Our IP service offering includes:

  • IP enforcement before the Registrar of Trade Marks, the Industrial Property Tribunal and the superior courts in the context of trade mark opposition, cancellation and infringement actions as well as passing off, copyright, patent and design infringement cases;
  • IP transactional services including advising on IP asset acquisition, holding, offshoring and licensing models, research and development consultancy agreements, commercial franchising arrangements, sponsorship and product endorsement deals and branding and distributorship agreements;
  •  IP due diligence including IP asset identification, IP asset portfolio audit, IP litigation risk analysis and general advisory on remedial measures for identified risks;
  •  IP prosecution and portfolio maintenance including the filing and prosecution of trade mark, patent, utility model, industrial design and copyright applications and the renewal and maintenance of all aspects of any resulting registrations in Kenya and other African countries.

Connected to our IP law offering is our Technology, Media and Telecoms (TMT) services practice which covers a full spectrum of disputes, transactional and regulatory advisory services including:

  • Data protection advisory services which covers regulatory compliance advisory services under the Kenyan Data Protection Act and the European Union General Data Protection Regulation (GDPR) as well as the preparation and review of data protection agreements and organisational and website privacy policies;
  • ICT advisory on regulatory compliance in the communications and broadcasting sector, facilitation of information technology outsourcing, software licensing, development and maintenance arrangements and preparation and review of website terms and conditions and e-commerce agreements;
  • Fintech advisory services in relation to the legislative framework and related compliance requirements as well as related incidents in the context of domestic and cross-border mergers and acquisitions, payment services and e-transactions.
  •  Print and broadcast media services in relation to content production agreements, endorsement and sponsorship arrangements, production clearance rights, adaptation rights and related regulatory compliance advisory services.
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