Blockchain, Intellectual Property, and Regulatory Challenges in Kenya
Blockchain technology holds immense potential to transform intellectual property (IP) protection by enabling decentralized, transparent, secure, and easier tracking systems. However, in Kenya, IP law is still firmly anchored in traditional legal frameworks. Victoria Kariithi, a legal tech expert, explains: “Kenya’s intellectual property laws are governed by conventional structures—copyright, patent, and trademark regimes. While globally, blockchain is being explored for IP, here, we haven’t seen much progress in adapting our systems to leverage this technology.”
But what is IP? Intellectual property refers to creations of the mind—like inventions, literary works, designs, or symbols—that are protected by law, ensuring creators’ rights are upheld.
Victoria Karîithi explains, “Innovations such as decentralized applications (dApps), blockchain-based software, and other inventions continue to be regulated by the Kenya Industrial Property Institute (KIPI) and the Kenya Copyright Board (KECOBO) ”
The use of blockchain in IP registration and tracking could enhance transparency and security. “Yet, neither KIPI nor KECOBO has made significant strides toward integrating blockchain into our IP protection mechanisms”, Kariithi adds.
Kariithi further explains “In Kenya, blockchain solutions face regulatory uncertainties, not just in cryptocurrency, but also in the tokenization of intellectual property. This isn’t widely discussed yet, but it’s an emerging challenge.”
One of the key issues is the absence of clear regulations that govern how blockchain should interact with IP systems. Kariithi adds, “Regulatory frameworks haven’t evolved fast enough to accommodate blockchain’s potential for transforming IP protection. This slows innovation because businesses are unsure of how tokenizing their IP assets on the blockchain fits into the law.”
Global Example: How China is Tackling IP on Blockchain
Globally, countries like China have taken foresighted steps to address this challenge. China has implemented blockchain-based platforms that allow creators to record their intellectual property, such as copyrights and patents, on an immutable ledger. This approach helps to ensure transparent and verifiable proof of ownership, reducing the risk of disputes or infringement.
China’s approach is an excellent example of how regulatory support can enable blockchain to protect intellectual property. By creating a clear legal pathway, China is enabling the growth of blockchain-based IP systems, offering a model for other countries.
The Need for Clear Regulations in Kenya
Here in Kenya, however, the regulatory landscape remains unclear, leaving blockchain innovators in limbo. While the tokenization of assets (including intellectual property) on blockchain could offer more transparent and secure systems, the lack of cohesive legal frameworks presents significant challenges. “Without clear regulations, it’s difficult to integrate blockchain into existing IP laws, whether it’s for copyright, trademarks, or patents,” says Kariithi.
This highlights a growing need for Kenyan regulators and industry players to collaborate and address these regulatory uncertainties.
Moving Forward: Bridging the Gap with Legal Tech
Kariithi believes that legal tech can bridge the gap between regulators and innovators. “By educating legal professionals and policymakers about blockchain’s potential in IP, we can foster collaboration and create a more innovation-friendly environment,” she says. Kenya, like many African countries, must develop legal frameworks that not only address cryptocurrency but also recognize blockchain’s broader capabilities, including the tokenization of intellectual property.
Tokenizing IP assets—whether patents or creative works—can significantly reduce fraud and disputes, but without legal clarity, innovators may hesitate to embrace this technology.
To unlock blockchain’s full potential in sectors like IP and others, clear, forward-thinking regulations are essential.
