Kenya Intellectual Property Law: Unfair Competition

This is  under Kenya law a cross cutting aspect of intellectual property in the sense that it relates to patents, copyright, trademark law and other areas.  Under IP Act 2001 some regulations have been enacted to ensure that licensors of technology or patents do not include inequitable and fair or oppressive terms in licensing agreements or contracts.  For example under IPA 2001 if a licensed agreement compels a licensee to acquire technology from abroad and yet that technology is available locally that is regarded as unfair technology, or importing expensive technology where alternative technology is available and cheaper.

Unfair competition in area of passing off – whenever someone passes-off your property that is unfair competition. Section 5 of the Trade Marks Act.

Contracts in restraint of trade – unfair competition – Cassman Brown

Contract in Restrain of Trade Act

To what extent can you limit an employee or competitor from competing with you?

Geographical Scope – what radius

Duration – For how long can you restrict trade? 

Scope of Business – being prohibited from doing two similar things for two rival companies.  There was a big issue with Saachi and Saachi.