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KIPA Bill reaches Parliament as Kenya's biggest intellectual property reform faces public scrutiny


Kenya’s proposed KIPA Bill has entered parliamentary scrutiny, opening the door for innovators, creators, businesses and the public to weigh in before lawmakers decide the future of one of the country’s biggest intellectual property reforms.

The Kenya Intellectual Property Bill, 2026, now before the National Assembly, would establish the Kenya Intellectual Property Authority by merging the Kenya Industrial Property Institute (KIPI), the Kenya Copyright Board (KECOBO) and the Anti-Counterfeit Authority (ACA) into a single institution with responsibility for registration, enforcement and commercialisation of intellectual property rights.

The proposal has moved beyond a government restructuring announcement. The Bill itself lays out how patents, trademarks, copyright, industrial designs, utility models and anti-counterfeit enforcement would operate under one legal framework, while introducing provisions that respond to digital platforms, artificial intelligence and specialised dispute resolution.

Parliament Opens Public Participation on the KIPA Bill

The National Assembly’s Departmental Committee on Trade, Industry and Cooperatives has invited public submissions on the Bill as part of the legislative process. That allows technology companies, manufacturers, artists, software developers, universities and rights holders to comment before Parliament considers the legislation further.

Principal Secretary for Industry Juma Mukwana has told lawmakers that the reforms are intended to strengthen enforcement against counterfeiting and piracy while improving Kenya’s compliance with international intellectual property obligations.

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The public participation process also comes alongside other State corporation reform Bills that Parliament is considering, although the KIPA proposal stands out because it rewrites the country’s broader intellectual property framework rather than simply transferring institutional functions.

What the Bill Would Change

The most visible change is the creation of a single authority where three separate institutions currently operate.

Today, businesses often navigate different agencies depending on whether they are registering a patent, protecting copyrighted software, securing a trademark or pursuing enforcement against counterfeit goods. The Bill would consolidate those responsibilities under KIPA while bringing together provisions that are currently spread across separate laws governing industrial property, copyright and anti-counterfeiting.

For startups, the practical effect could be substantial. A company developing hardware, software and branded consumer products would engage with one institution across multiple forms of intellectual property instead of moving between separate regulators.

The New Powers KIPA Would Receive

The Bill gives the proposed authority responsibilities that extend beyond registration.

KIPA would administer intellectual property rights, maintain integrated registration systems, oversee recordal mechanisms linked to imported goods and coordinate enforcement against counterfeit products and piracy. It would also assume responsibilities that today sit across KIPI, KECOBO and ACA.

The legislation also places greater emphasis on commercialisation, encouraging intellectual property to function as an economic asset that supports investment, research, licensing and technology transfer.

That broader mandate reflects a wider view of intellectual property, one that places software, creative works, inventions and industrial designs within the same economic framework rather than treating each area as a separate administrative process.

A Dedicated Tribunal for IP Disputes

One of the most significant additions in the Bill is the creation of an Intellectual Property Tribunal.

Instead of relying entirely on ordinary court processes, a specialised tribunal with a dedicated mandate to resolve intellectual property cases could hear disputes involving patents, copyright, trademarks, and related rights.

For businesses, enforcement often becomes the real test of intellectual property protection. A faster forum for resolving disputes could affect companies dealing with counterfeit products, software infringement, licensing disagreements and commercial disputes over protected innovations.

AI, Traditional Knowledge and Digital Rights Enter the Law

The Bill also reaches into areas that barely existed when many of Kenya’s current intellectual property laws were enacted.

Its provisions address artificial intelligence, online copyright infringement, digital platforms, traditional knowledge and cultural expressions, acknowledging that many modern products combine software, digital content and creative works within a single commercial offering.

The inclusion of traditional knowledge and cultural expressions also expands the conversation beyond conventional patents and copyright, reflecting broader efforts to recognise intellectual assets linked to communities and indigenous heritage.

Those additions place the legislation alongside other ongoing reforms, including work on a Geographical Indications Bill and a broader National Intellectual Property Policy designed to strengthen Kenya’s innovation ecosystem.

What Happens Next

The public participation process will feed into the committee’s review before the Bill returns to Parliament for further consideration.

If enacted, the Kenya Intellectual Property Bill, 2026 would repeal several existing laws governing industrial property, copyright and anti-counterfeiting while placing their functions under a single authority with a wider mandate than any of the current agencies individually hold.

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By George Kamau

I brunch on consumer tech. Send scoops to george@techtrendsmedia.co.ke
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