Kenya is considering significant reforms to its intellectual property framework under the Draft National Intellectual Property Policy and Strategy, 2026, which proposes measures to strengthen the protection, commercialization and enforcement of intellectual property rights across the country.
The draft policy was developed by the Ministry of Investments, Trade and Industry in collaboration with government agencies and other stakeholders. It is intended to provide a coordinated national framework for using intellectual property to promote innovation, creativity, competitiveness and economic development.
The proposed framework covers patents, trademarks, copyright and related rights, industrial designs, utility models, plant breeders’ rights, geographical indications, traditional knowledge, genetic resources, expressions of folklore and trade secrets.
One of the major issues identified in the draft is the need to modernize Kenya’s intellectual property framework to respond to emerging technologies. The policy identifies issues involving artificial intelligence, blockchain and biotechnology, including questions surrounding AI-generated inventions, software patentability, AI-generated content, digital rights management and the use of copyrighted materials as training data.
The proposed reforms come as Kenya is also considering a separate Artificial Intelligence and Other Emerging Technologies Policy. While that initiative addresses the broader development and governance of AI and emerging technologies, the Draft National Intellectual Property Policy considers these technologies specifically from an intellectual property perspective, including their implications for patents and copyright.
Related: Kenya: Last Day to Submit Comments on Draft Artificial Intelligence and Emerging Technologies Policy
The IP policy also identifies broader structural challenges in Kenya’s existing system. These include fragmented legislation, limited public awareness, underdeveloped enforcement mechanisms and inadequate integration of intellectual property into the country’s innovation system. It notes that many universities, research institutions and businesses lack effective intellectual property management structures, including Technology Transfer Offices, and that funding for IP generation, protection and commercialization remains limited.
Commercialization and technology transfer are therefore significant parts of the proposed reforms. The policy seeks to strengthen mechanisms that allow researchers, universities, innovators and businesses to protect their intellectual property and convert research and innovation into commercially useful products and services.
Enforcement is another major focus. The policy seeks to strengthen the protection of intellectual property rights and improve the ability of Kenya’s institutions to address infringement, counterfeiting and piracy.
The draft sets out eight strategic objectives, including strengthening the legal and regulatory framework for IP protection and enforcement; improving institutional coordination; increasing the generation and protection of IP assets; promoting commercialization and technology transfer; strengthening enforcement; expanding IP education and public awareness; promoting regional and international cooperation; and improving evidence-based IP policymaking.
The government conducted public participation on the draft in July 2026, with regional consultations held across the country. The period for written submissions closed on July 31, 2026. Public participation formed the final stage of a broader policy-development process, and the World Intellectual Property Organization provided technical support during the process.
The policy ultimately seeks to establish a more coordinated and future-focused intellectual property system capable of supporting innovation, industrialization and economic development while ensuring that creators, innovators and communities can benefit from their intellectual contributions.
Source: Ministry of Investments, Trade and Industry, Republic of Kenya — Draft National Intellectual Property Policy and Strategy, 2026.
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