When examining the challenges of Intellectual Property (IP) implementation, Mudinyu Betty identifies several critical obstacles, the most significant being the lack of awareness.
This gap is multidimensional, encompassing limited knowledge of the laws governing what can be protected and the mechanisms available for protection. In Kenya, IP education is largely confined to universities and, even then, is predominantly restricted to law schools. Other disciplines where innovation is equally critical, such as engineering, life sciences, and the creative industries, rarely integrate IP into their curricula. Yet, in today’s digital era, a foundational understanding of IP should be accessible to all citizens.
This lack of knowledge is further shaped by misconceptions about how intellectual assets generate value. Many individuals assume that the only way to benefit from IP is through direct self-exploitation, which often demands significant financial resources they do not have. Consequently, they rely on government support or abandon the process altogether. What remains underexplored is the recognition of IP as a movable or transferable asset, capable of generating revenue through licensing, partnerships, or even serving as collateral for loans. A limited appreciation of these alternatives undermines the broader economic potential of IP.
Awareness gaps also influence perceptions of the cost and accessibility of IP rights. Many innovators refrain from seeking protection because they believe the process to be prohibitively expensive, bureaucratic, and time-consuming. These perceptions are reinforced by structural realities: national IP institutions such as the Kenya Industrial Property Institute (KIPI) and the Kenya Copyright Board (KECOBO) are concentrated in Nairobi, frequently understaffed, and chronically underfunded.
A further challenge lies in the absence of standardized valuation systems and inter-regional cooperation. At the regional and continental levels, weak institutional collaboration makes it difficult to monitor online transactions and curb IP infringements, particularly with the cross-border sale of unlicensed goods and services. Without a shared framework for valuation and monitoring, IP struggles to be recognized and leveraged as a tangible, revenue-generating asset.
These dynamics underscore the gravity of the issue. As digitalization continues to erode national boundaries, the protection of citizens’ intangible assets and the revenues derived from them should be recognized as an essential dimension of Human security.
