Intellectual Property

Comprehensive IP Protection and Advisory Services

At KK WAWERU Advocates LLP, we have a dynamic Intellectual Property and Internet Practice offering
comprehensive brand protection and advisory services. Our firm assists both local and international
clients with a broad range of issues related to the acquisition, transfer, and protection of intellectual
property (IP) rights. We are regularly involved in the preparation, review, and negotiation of registered
user, assignment, and license agreements.

IP-Specific Legal Compliance and Services

We offer IP-specific legal compliance, audits, due diligence, and optimization of IP portfolios in relation to
mergers and acquisitions, IPOs, and other share deals. Our services are categorized into the following
areas:

1. Intellectual Property Strategy

We provide comprehensive audit and strategy advice on the protection and utilization of intellectual
property. Our services include:
• Conducting searches, registration, assignment, and renewal for trademarks/service marks.
• Filing patents and industrial designs, providing validity opinions and advice.
• Advising on and registering copyrights.

• Registering plant breeders’ rights and liaising with Kenya Plant Health Inspectorate Services
(KEPHIS).
• Handling local opposition and expungement proceedings.
• Conducting domain name searches, registrations, and renewals.
• Managing annual maintenance fees on behalf of clients.

2. Intellectual Property Disputes

We guide clients in protecting their intellectual property through litigation and alternative dispute
resolution mechanisms. We aim for effective and cost-efficient solutions, handling contentious IP
litigation, trademark opposition, expungement, infringement proceedings, passing off claims, copyright
infringement, and patent litigation before relevant authorities and courts.

3. IP Contracts, Licensing, and Assignments

Upon registration of IP rights, we help clients commercialize their intellectual property through license
and assignment agreements. We provide:
• Legal advisory on IP rights assignments and license agreements.
• Regulatory compliance opinions.
• Negotiation, review, and drafting of IP license and assignment agreements.
• Advisory on perfection, enforcement, and termination of license agreements.
• Dispute resolution services.

4. IP and Software Agreements

We advise clients on software-related contracting issues, ensuring agreements meet business objectives
while minimizing risks. Our services include:
• Legal advisory on software development and licensing agreements.
• Drafting software agreements, outsourcing agreements, systems integration agreements,
installation agreements, purchase agreements, and consulting agreements.
• Data protection advisory.
• Non-compete, non-disclosure, and confidentiality agreements.
• Licensing agreements for software as a service (SaaS), cloud computing, hosting, integration,
support and maintenance, proof-of-concept, and development.

 
5. IP and Internet

With the rise of the internet, we guide clients on protecting their IP online and handling issues from the
convergence of digital media and technology. We advise on:

 
• Domain name disputes, registrations, and licensing.

• E-commerce.
• Logistics and distribution (digital and physical).
• Cybercrimes, defamation, and data protection.
• Labor and employment issues.
• Digital taxation.
• Mergers, joint ventures, and strategic alliances.
• Outsourcing transactions.