Intellectual Property, Technology & Data Protection
You innovate products, create works, and develop a brand.
Overview
Products, technologies, brands and goodwill require immense resources to create and only thrive if they are protected and safeguarded though international, regional and domestic laws on intellectual property (IP) rights. Moreover, public, private and commercial entities are currently collating, utilising, transferring and sharing business and personal data for economic and social purposes. As we progress further in technology, it is becoming increasingly necessary to protect business and personal information from unauthorized, irregular and illegal access by individuals and entities, and to remedy any such breaches through recourse to the law.
Our firm regularly advises clients on protection and enforcement of diverse forms of IP rights and interests originating from various legal sources and in multiple forms such as patents, utility models, design rights, trademarks, passing of, copyrights, rights in performance, trade secrets, confidentiality and non-disclosure obligations, database rights, and domain names rights.
We assist clients in navigating novel legal and regulatory challenges as well as the opportunities brought about by rapid changes in technology. We counsel clients to avoid pitfalls associated with an unclear regulatory framework in e-commerce, e-procurement, mobile telephony, and digital services. We have assisted clients in navigating problems arising under cybercrime and cybersecurity law. We are at the forefront of offering advice on measures that can be taken to limit risks that can arise from wrongful use of data and have assisted entities in developing data protection regulations, policies, and manuals on handling and use of data.
Services
- Intellectual Property: The Firm is constantly engaged in making applications for the protection of diverse forms of innovations and creative works, including but not limited to patents, utility models, industrial designs, trademarks, and copyrights, with the relevant agencies and institutions, whether in Kenya or regionally, such as through the Africa Regional Intellectual Property Organization (ARIPO) office.
- Technology: We have advised clients on issues incidental to information, communication, and technology; cyber security and cyber-crime. In particular, we are involved in advising on, structuring, and reviewing internet medium-based agreements and contracts, including but not limited to cloud computing contracts, e-commerce, and e-procurement.
- Data Protection: The Firm is engaged in advising on and developing data protection and privacy policies and manuals for public, private, and commercial entities.
Experience
Representative Transactions
- Advising local and foreign investors with regard to the protection of IP in the form of trademarks and handling registration aspects.
- Acting for a software development company in a high value dispute filed against a state corporation in a case relating to unauthorised use and release of software source codes.
- Advising a large software development company on a software development contract with one of the largest banks in Kenya that included a clause pertaining to proprietorship of IP, training and support, maintenance, user obligations and warranties.
- Advising companies and educational institutions, hospitals, hotels etc in developing an information technology and data protection policies that conform to the best policies, standards and ethics of data protection.
- Advising Companies in the Agriculture Sector on the Kenya’s policy, legal and regulatory framework for the protection of plant breeders’ rights, including associated IP rights aspects.
- Consulting for an online e-commerce company with Africa wide operations on the incidental, legal and regulatory issues including those relating to operating a payment gateway.
Key Contacts
Wilson Gathogo
Partner
Yvonne Ouma
Associate