> How to Register Industrial Designs

Section 2 of the Industrial Property Act defines an industrial design as “any composition
of lines and colors or any three dimensional form whether or not associated with any
lines or color, provided that such composition or form, gives a special appearance to a
product of industry and can serve as pattern for a product of industry.”
The protection of an industrial design is limited for a period of 5 years from the date of
filing.
Examples of industrial designs include Coca-Cola’s ‘Contour’ bottle shape, the iMac
shape, the KitchenAid Stand mixer design and the classic Mini Cooper design.
Section 87 of the Industrial Property Act provides that a person may register an
industrial design, as follows.

Conditions for registration

• The industrial design has to be new.
• Designs contrary to public order or morality are not registrable.
• It must not have been disclosed to the public.

Procedure for registration of Industrial Designs

1. Visit Kenya Industrial Property Institute (KIPI) with the application documents.
2. The industrial design will be published in the KIPI Journal or the Kenya Gazette for
   60 days to allow for interested parties to raise objections.
3. If no objection is raised, the industrial design is registered and a Certificate of
   Registration is issued.

Documents required

1. A completed application form (Form IP27).
2. Two identical specimens of the design.
3. Where the applicant is not the creator, the application should be accompanied
   with a statement justifying their right to registration of the design.
4. Graphic representations of the article embodying the industrial design- could be
   drawings or photographs.
5. A power of attorney, where the applicant is represented by an agent or is a
   foreigner.
6. Application fee.