Industrial Design Chapter
This Chapter is the voice of industrial and product Designers, representing the profession to business, government, education, the media and the general public.
According to Industrial Property Act 2001, an industrial design is defined as “any composition of lines or colours or any three dimensional form whether or not associated with lines or colours, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as pattern for a product of industry or handicraft”
In other words an industrial design is concerned only with the outward appearance (eye appeal) of articles as defined by their shape, configuration, pattern or ornament.
Visual appeal is one of the considerations that influence the decision of consumers to prefer one product over another, particularly in areas where a range of products performing the same function is available in the market. If the technical performance of the various products offered by different manufacturers is relatively equal, aesthetic appeal, along with cost, will determine the consumer’s choice. The legal protection of industrial designs, thus, serves the important function of protecting one of the distinctive elements by which manufacturers achieve market success. By rewarding the creator for the effort, which has produced the industrial design, the legal protection accorded thus serves as an incentive to the investment of resources in fostering the design element of production.
An industrial design registered in Kenya is effective only in Kenya but the Kenyan application can be used to establish a priority date for a separate application made in another country.
This is is a Parastatal under the Ministry of Industry, Trade and Cooperatives whose functions include;
1. Administration of Industrial Property Rights
2. Provision of Technological Information to the public
3. Promoting Inventiveness in Kenya and
4. Provision of Training on Industrial Property
The Agency has provided conditions for registration of industrial design by the following rules;
- An industrial design is registrable if it is new
- An industrial design is deemed to be new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form or, in Kenya by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration
- However a disclosure of the industrial design is not taken into consideration if it occurred not earlier than twelve months before the filing date or, where applicable, the priority date of the application and if it was by reason or in consequence of: acts committed by the applicant or his predecessor in title or an evident abuse committed by a third party in relation to the applicant or his predecessor in title
c) Scope of Practice
The Chairperson shall be elected from among the members of the chapter and shall have authority to sign all official documents issued on behalf of the chapter, after approval by the Board. Four (4) other members of the chapter shall be elected and three shall constitute a quorum
e) Qualifications to join the chapter
Applicants shall possess a relevant qualifications showing that they have met the association’s education and experience requirements.
The membership certificate for this chapter shall expire (12) twelve months after date of issue.
f) CPD Requirement for Membership Renewal
An applicant for renewal under this chapter shall submit proof of having completed requisite credit points in approved CPD programs during the term of the membership.
g) Obligations of a chapter member
h) Chapter Partners
- Kenya Industrial property Institute