Current framework:

• Introduce utility designs (distinct from patents), modelled on systems such as South Korea’s Utility Model Act. Korean utility models protect practical devices relating to shape, structure, or combination of articles that meet industrial applicability, novelty, and a lower inventiveness threshold than patents, with a typical 10-year term. This would allow Kenyan entities to secure protection over iterative improvements and adaptations of existing technologies without the full patent burden.
• Trade secrets currently lack a dedicated statute. Protection exists only under common law principles of confidence, contract (NDAs) and Kenya’s TRIPS obligations (Article 39). There is no registration system, statutory definition or dedicated enforcement body.
• Business registration is governed by the Business Registration Service Act, 2015 (Cap. 499B) and related statutes (Companies Act, Registration of Business Names Act). Ownership of Intellectual Property Assets is not automatically linked to a simple Business-Name registration in a fast-tracked manner.

Proposed amendments

(aligned with the Initiative’s goals and the broader Kenya Intellectual Property Bill, 2026 trajectory):

• Explicit provision allowing any individual or entity with a registered Business Name under the BRS framework to apply for and own IP assets (patents, utility models/designs, trademarks, industrial designs) through that same entity within 21 days of complete application, subject to formal examination where required.
• Statutory recognition and protection of Trade Secrets as protectable intellectual property assets, including a clear definition consistent with TRIPS, reasonable steps to maintain secrecy, and civil/criminal remedies for misappropriation — closing the long-recognized legislative gap noted in the National IP Policy process.
• Strengthened and expanded utility design / utility model provisions (drawing inspiration from South Korea’s Utility Model Act) that explicitly enable protection of incremental technical improvements and utility iterations on existing technologies, with lower inventiveness thresholds, faster grant procedures and clear ownership rules suitable for MSMEs and contract manufacturers. South Korea’s system protects devices that are industrially applicable and novel with a lower inventive-step bar and a 10-year term — precisely the model needed for rapid iteration in Agri-processing equipment, packaging, cosmetics formulations & delivery systems, etc.
• Under the Initiative’s arrangement, subsidized AI applications on the technology stack create a strategic acquisition edge: lower-cost access to compute, models, and domain-specific tools for Agri-processing, consumer Packaged goods manufacturing, Logistics & Distribution. This reduces dependency on pure commercial hyperscale pricing and enables Kenyan entities to iterate, localize, and own utility level improvements. The proposed amendments support this by accelerating formal ownership of resulting Intellectual Property assets

These changes will sit within (or alongside) the ongoing consolidation under the Kenya Intellectual Property Bill, 2026, which seeks to establish a unified Kenya Intellectual Property Authority (KIPA) and modernize the overall framework.