A GUIDE TO PROTECTING MOBILE APPS THROUGH INTELLECTUAL PROPERTY RIGHTS IN KENYA

In Kenya’s vibrant digital scene, mobile apps aren’t just tech tools they’re business lifelines. Platforms like M-Pesa, which reshaped how we move money, and Jumia, redefining online shopping, show how mobile innovation powers our economy and daily lives. But with immense value comes real vulnerability. As apps gain traction, they also attract threats of intellectual property violations.

So, how do you stop your ideas from being stolen? The answer lies in robust IP rights that turn imagination into protected assets. Think of your mobile app like your brainchild weeks of sleepless nights, coffee-fueled coding, and breakthrough moments. Now imagine someone replicating it and making millions while you watch from the sidelines. That’s where Kenya’s legal armor steps in to safeguard what’s yours.

Kenya’s Constitution gives creators power Article 40(5) guarantees protection of your intellectual property. Backed by laws like the Copyright Act, Trademarks Act, Industrial Property Act, Anti-Counterfeit Act, and Data Protection Act, your app’s code, brand, innovation, design, and user data are fully shielded. Institutions like KECOBO, KIPI, and ACA help turn your ideas into legally owned assets. You didn’t just build an app you built something worth protecting.

Kenyan law packs a powerful punch when it comes to protecting mobile apps. From copyrights to patents, it offers creators a legal toolkit to guard their innovations and keep copycats at bay. Here are some key ways you can wield those rights to defend your brainchild and secure your digital turf.

STEPS TO PROTECT MOBILE APPS IN KENYA

1. Copyright Protection (via KECOBO)

In Kenya, the Copyright Act, Cap 130 provides legal protection to creators of original works. For mobile app developers, this means your creative content is automatically protected from the moment it’s made.

Copyright covers:

1. Source code
2. Graphic design and layout of your user interface
3. Music, sound effects, and animations
4. Text, scripts, and any original written content

These creative pieces are yours by law. If anyone uses, copies, or shares them without permission, they’re violating your rights and could face legal action, fines, or penalties.

Copyright ensures your app’s artistic elements remain under your control. It gives you the credit, confidence, and protection you need to grow and innovate safely.

How to Protect Your App’s Creative Work with Copyright

Under the Copyright Act, Cap 130, your app’s original elements like source code, UI designs, music, and text—are automatically protected once created. But to strengthen that protection, it’s smart to register your work with the Kenya Copyright Board (KECOBO). The process usually costs around Ksh 5,000, though fees may increase if you’re registering multiple creative components. For corporate works, protection lasts 50 years from publication, while individual creators benefit from coverage for life plus 50 years. Including a copyright notice like © 2025 Your Company Name in your app and documentation also reinforces your ownership and discourages infringement.

2. Trademark Your Identity (Make Your App Unmistakably Yours)

When users download your app, what do they remember first? The name. The logo. That signature style. These are more than visuals they’re the face of your brand and the trust behind every tap.

In Kenya, the Trademarks Act (Cap 506) lets you protect that identity by registering key brand elements like:

1. Names and logos
2. Slogans and taglines
3. Signatures, shapes, and styles
4. Letters, numbers, icons and combinations of all these, in 2D or 3D form

So if your app has a distinct look or name that sets it apart, you can lock it in legally. That way, no one else can ride off your reputation.

Because in a crowded market, standing out is great but staying protected is even smarter.

How to Secure Your App’s Name and Logo with a Trademark

If your app has a standout name, logo, or slogan, you can protect it by registering a trademark through KIPI (Kenya Industrial Property Institute). Here’s how to do it:

1. Apply –Send in your application with the name, logo, or brand element you want to lock in.
2. Pay the Fee – Expect to pay between Ksh 10,000 and 30,000, depending on how complex your brand is.
3. Get Protected for 10 Years – Once approved, your trademark is yours for 10 years—and you can renew it as often as you like.

Why it matters

1. Secures your brand identity so no one else can use it
2. Builds trust with your users and investors
3. Gives you legal backing in case someone tries to copy your brand

You’re not just registering a name you’re investing in your app’s future. With trademark protection, your brand becomes more than memorable. It becomes untouchable.

3. Patent Protection (Secure Your Smartest Features)

Under the Industrial Property Act, Cap 509, a patent grants exclusive rights to an invention that solves a problem in a novel, technical way. For mobile apps, this includes features like unique functionalities, user interface components, backend architecture, and software code.

To qualify, your app must be:

1. New (not publicly known)
2. Inventive (not obvious to experts in the field)
3. Industrially applicable (usable in practice)

Applications are filed with the Kenya Industrial Property Institute (KIPI) and must include clear documentation explaining how the invention works. Costs typically begin at Ksh 100,000, depending on complexity.

How Patents Can Help You Protect and Grow Your App

In Kenya, a patent gives you exclusive rights for 20 years. That means only you can use, sell, or license your invention, helps prevent imitation keeping copycats off your trail , strengthens credibility with investors, and confirms you’re building genuine innovation. Software patents must also show a technical effect beyond standard programming.

Why Patent It?

(a) Locks in 20 years of exclusive rights;
(b) Blocks competitors from copying your idea; and
(c) Boosts investor trust by proving you’re building something original and defensible

If your app offers a fresh technical solution, patent it protect your vision, your investment, and your growth.

4. Industrial Design Protection (Own Your Visual Identity)

In Kenya, industrial designs are protected under the Industrial Property Act, Cap 509.

What does that mean for you? It means you can legally shield the visual appearance of your app from its shape and layout to patterns, colors, icons, and overall style.

If your app has a clean, standout user interface (UI) with custom icons, scroll bars, menus, and visual features that users interact with you can register it as an industrial design. This kind of protection helps you stop others from copying your app’s unique style. If your interface is eye-catching and user-friendly, registering its design helps lock it in as yours.

It’s a smart move for app developers who’ve invested in polished, user-friendly aesthetics. Because when your design stands out, it’s more than just pretty pixels it’s part of your brand identity.

How to Protect Your App’s Visual Design

Created a sleek app with a stylish layout and signature interface? Don’t let anyone copy the visuals that make it yours.

With industrial design protection in Kenya, you can register the look and feel of your app icons, scroll bars, menus, colors, patterns, and overall style through KIPI. If approved, you’ll lock in exclusive rights for up to 15 years.

That means your design isn’t just good-looking it’s legally yours.

1. Stand out
2. Protect your creativity
3. Build brand identity with confidence

5. Trade Secrets (Your Business’s Silent Superpower)

A trade secret is confidential information like a recipe, formula, or customer list that gives a business a competitive edge through secrecy. In Kenya, protection comes from the Industrial Property Act and common law, not registration. Tools like NDAs, employee contracts, and internal policies help keep it secure. Once disclosed, its protection ends so guard it like your business depends on it.

How to Protect Your Trade Secrets

1. Have developers, contractors, and collaborators sign NDAs to maintain confidentiality.
2. Use digital safeguards like encryption and access control to prevent leaks.
3. Trade secret protection doesn’t require registration but it thrives on discipline and discretion.

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