NAIROBI, Kenya — The National Assembly is considering legislation that would merge three State agencies responsible for intellectual property protection into a single institution in a move aimed at streamlining regulation, improving enforcement and reducing duplication of functions.
The Kenya Intellectual Property Authority Bill, tabled by National Assembly Majority Leader Kimani Ichung’wah, proposes the creation of the Kenya Intellectual Property Authority (KIPA).
If enacted, the new authority will assume the functions currently performed separately by the Kenya Industrial Property Institute (KIPI), the Kenya Copyright Board (KECOBO) and the Anti-Counterfeit Authority (ACA).
Single intellectual property regulator
According to the Bill, the proposed authority will administer Kenya’s intellectual property laws under a unified institutional framework, replacing the existing structure where different agencies operate independently under separate legal regimes.
“The principal object of this Bill is to establish the Kenya Intellectual Property Authority as a single institution to administer, in one place, all of Kenya’s intellectual property law,” the Bill states.
The proposed legislation also seeks to consolidate legal provisions governing patents, utility models, industrial designs, copyright and related rights, as well as anti-counterfeiting measures, which are currently administered under different Acts of Parliament.
Addressing duplication
At present, KIPI is responsible for industrial property rights, including patents, utility models and industrial designs.
KECOBO regulates copyright and related rights for creators, performers, producers and broadcasters, while the Anti-Counterfeit Authority investigates and prosecutes offences involving counterfeit goods.
Each agency operates with its own board, staff, budget and dispute resolution mechanisms.
The Bill argues that the fragmented structure has resulted in overlapping mandates, inconsistent regulatory standards and increased compliance costs for innovators, businesses and the public.
“This fragmentation has resulted in duplication of functions, inconsistent standards and unnecessarily complex and costly experience for inventors, creators, business and the public,” the Bill states.
Strengthening enforcement
The proposed reforms come as Kenya faces increased international scrutiny over the enforcement of intellectual property rights and efforts to combat counterfeit trade.
In its 2025 Special 301 Report on Intellectual Property Protection and Enforcement, the Office of the United States Trade Representative identified Kenya among countries facing challenges in enforcing intellectual property rights, citing concerns over the circulation of counterfeit goods.
According to the report, counterfeit products entering Kenya largely originate from China, India, Türkiye and Vietnam, often transiting through Dubai and Singapore before reaching the local market.
The report identifies medicines, automotive parts, electronics, footwear, toys and aircraft components among the counterfeit goods entering the country, warning that they pose safety risks to consumers while undermining legitimate businesses and reducing government revenue.
“The problem of trademark counterfeiting continues on a global scale and involves the production, transhipment, and sale of a vast array of fake goods,” the report states.
If approved by Parliament, the Bill is expected to establish a single institutional framework for intellectual property administration, with the government arguing that the reforms will improve efficiency, strengthen enforcement and make it easier for innovators, creators and businesses to access intellectual property services.