The Enforcement Of Intellectual Property Rights In Ken A Comparative Approach

ABSTRACT

This research dissertation mainly dealt with the general objective and specific objectives of

the study problem which is; the enforcement of intellectual Property Rights in Kenya; A

comparative approach. The research sought to make a comparison between the enforcement

mechanisms in Kenya comparing it closely with the enforcement mechanisms in Uganda and

finally showing which jurisdiction is better placed in enforcing intellectual property rights

and what can be learnt from whom.

Chapter one outlined the mode in which the study was carried out. It addressed key issues on

the research methodology including the significance of the study, research objectives,

research questions, hypothesis, literature review and documentary analysis

Chapter two of the study examined the enforcement Jaws of intellectual property rights in

Kenya. It outlined the relevant parliamentary laws which concern enforcement of IPRS

critically analyzing the spaces that needs to be filled for efficient enforcement and also

identifying the challenges encountered in the implementation of the provisions on the

enforcement laws in the effort to curbing intellectual property rights law infringement in

Kenya .This chapter also looked at the enforcement mechanisms of the intellectual property

Jaws with specific reference to administrative measures put forth to ensure effective

enforcement of this rights in Kenya and evaluating how adequate or effective they are. In

addition the chapter also covered the role of the police, judiciary. rights holders and the

public as well in an effort to ensure effective enforcement of intellectual property rights in

Kenya.

Chapter three of the research covered an overview of the laws applicable in Uganda, the

enforcement methodology and challenges faced in such enforcement. Chapter four of this research contains data analysis of the field work and explains the challenges hindering effective enforcement of IPRS both in Kenya and Uganda. The chapter also makes a detailed comparison of enforcement mechanisms of intellectual property rights between Kenya and Uganda and lastly established which system is more advanced and what can be learned from each other in a bid to effectively enforce IPRS. Lastly chapter five made final conclusions and recommendations on how enforcement can be improved in both jurisdictions.