“IP Check-In” (Follow @IPCheckin on twitter) is a vibrant group of Intellectual Property (IP) enthusiasts in Kenya who meet at Strathmore University Law School on the second Saturday of every month to discuss topical IP issues in Kenya as well as developments and emerging trends in IP from around the world. This month, this blogger joined the IP Check-In group and the topic under discussion was the effect of section 40D of the Kenya Trade Marks Act.
Section 40D of the Trade Marks Act states as follows:
(1) A trade mark in respect of which Kenya is a designated state, registered by ARIPO by virtue of the Banjul Protocol, shall have the same effect and enjoy the same protection in Kenya, as a trademark registered under this Act, unless the Registrar communicates to ARIPO, in respect of the application, a decision in accordance with the provisions of that Protocol, that if a mark is registered by ARIPO, that mark shall have no effect in Kenya.
(2) The Institute shall act as a receiving office, for the purpose of filing an application under the Banjul Protocol, where a regional application is filed with it and the applicant is a national or a resident of Kenya;