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Corporations have the combined problem of protecting their intellectual property (IP) assets while remaining true to their primary purpose and values. IP protection requires stakeholders to strike a balance between encouraging innovation and preventing mismanagement of valuable intangible assets. This article suggests how stakeholders of IP assets can adapt protective mechanisms into their infrastructure to promote IP protection.
It is important to reiterate that Intellectual property includes a wide range of intangible assets such as patents, trademarks, copyrights, and trade secrets that help companies gain a competitive advantage and value proposition. This knowledge can help corporations preserve their intellectual property assets, differentiate themselves in the market, and establish barriers of entry for their competitors provided that these methods are implemented in a way that is consistent with the corporation's overall aims and mission.
Building a Culture of IP Awareness
Corporations can foster a culture of IP awareness by educating employees and stakeholders on the importance of protecting intellectual property and respecting existing rights. By instilling a sense of ownership and responsibility for IP assets, corporations can empower their teams to recognize and protect valuable innovations, processes, and brands.
Consider a centuries-old Kenyan textile company renowned for its intricate weaving techniques launches an internal IP awareness campaign. Through workshops, training sessions, and educational materials, the company educates its artisans and staff on the significance of preserving traditional designs and techniques as valuable intellectual property. By fostering a culture of IP awareness, the company ensures that its heritage is protected and respected throughout its operations.
Filing for IP Protection
Corporations can secure legal protection for their IP assets by filing for patents, trademarks, and copyrights. In Kenya, corporations can register trademarks and copyrights with the Kenya Industrial Property Institute (KIPI) and patents with the Kenya Industrial Property Office (KIPO). By obtaining formal IP protection, corporations can establish exclusive rights to their innovations and prevent unauthorized use or reproduction by competitors.
For instance if a family-owned Kenyan food processing company renowned for its unique recipes and flavors decides to trademark its brand name and logo. By registering its trademarks with KIPI, the company safeguards its brand identity and prevents counterfeit products from diluting its market presence. With formal IP protection in place, the company can expand its product offerings with confidence, knowing that its brand is legally protected.
Implementing Confidentiality Agreements
Confidentiality agreements, also known as non-disclosure agreements (NDAs), play a crucial role in protecting proprietary information and trade secrets. Traditional corporations can implement NDAs when engaging with suppliers, partners, and employees to ensure that sensitive information remains confidential and is not disclosed to unauthorized parties.
Take a look at a longstanding Kenyan herbal medicine company partners with a research institution to explore innovative extraction techniques for its traditional remedies. Before sharing proprietary formulas and processes, the company requires the researchers to sign NDAs, safeguarding its trade secrets and preventing competitors from gaining access to its valuable know-how. Through strategic use of confidentiality agreements, the company maintains control over its proprietary information while fostering collaboration and innovation.
By embracing these strategies, corporations can safeguard their heritage, innovations, and brands while promoting a culture of innovation, collaboration, and respect for intellectual property rights.
At CM Advocates LLP, we have an experienced team of lawyers who can offer you legal advice on your company’s Intellectual Property Rights. Please contact us for our services via law@cmadvocates.com or call 0716 209 673 for more information on our services.
Contact Persons & Contributors
Sandra Chesanai - Associate schesanai@cmadvocates.com
Disclaimer
This article is for informational purposes only and should not be construed as legal advice.