Job. N. Marasi Advocates

14/11/2019

In the recent years, Kenya has experienced a surge in local writers, content creators and novelists. Click on the link to know how to register your book.

In the recent years, Kenya has experienced a surge in local writers, content creators and novelists (among others). The notion that only the “mzungu” can author a captivating book is sl…

30/09/2019

Intellectual property (IP) does not protect ideas, as ideas are simply just that, ideas. IP protects the expression of the idea. The expression could be in any form, either a process, a method or any other physical form.
Patent certification is the highest measure of innovation, it is challenging and is extremely rewarding as well. To learn more on whether your idea is novel/new, please tap the link below.

Intellectual property does not protect ideas but the expression of ideas. Patent is the highest degree or measure of innovation, it is a challenging venture and yet, extremely rewarding.

16/08/2019

In my last post, we viewed developments by investors regarding intangible assets (intellectual property) and it's role in business valuation. Today, we delve into the world of computer programs.
Computers have revolusionarised every aspect of our lives. Initially, only giant corporations and ofcourse defence departments of governments were privy to them, however, this piece of hardware is now used in ordinary everyday lives.
Unlike humans, computers act on instructions (simply referred to as Programs) which are created in programming languages and understood by programmers and a few other experts.
The program usually takes the form of appearance which could be printable (simply referred to as Source Code) or one only read in digital values of 0 and 1 (simply referred to as Object Code) which is machine readable.
Creating a program also requires other forms of support systems, in this instance, we shall refer to the Computer Software.
Ordinarily, creating these programs is a capital intensive venture, hence, protecting against unauthorized copying (Pirating) and use is essential, failure to which one might not get a return on investment.

HOW TO PROTECT YOUR COMPUTER PROGRAM

From the above discussion, computer programs can take 2 forms:-
1. Printable; and
2. Machine readable only.
This then opens up various forms of protection.

Generally, computer programs are literal expressions (printable source code), hence, protected under Copyright. However, some of these computer programs contain more novel/new technical features that offer technical solutions, these could be protected under Patent.
For your computer program to qualify as a "Pantentable" product, it should be novel/new, have an inventive quality and ofcourse, relevant /applicable in a specific field (Industrial applicability).
Basically, you may create computer programs with technical effects not obvious to the ordinary person with the same skills/expertise.
If you feel the above qualification is not your cup of tea, you could protect your computer program under Copyright as a literary and artistic work.
For protection under Copyright, your work must be original, not new, original, this is because most computer programs consist of sub-routine elements.
Section 2 of the Copyright Act of Kenya defines an author to include a creator of a computer program. It further describes literary works to include computer programs and compilations of data stored (codes, schemes etc) embodied in a computer.
This Act doesn't dictate the technical /novel aspects of computer programs that could be explored by the creators.
Are you an author/creator of a computer program, it's time to protect your investment and turn your intellectual property into a major asset.

08/08/2019

We all know that assets are categorized into tangible and intangible assets. Traditionally, intangible assets were considered peripheral (of less value) to tangible assets since this class of assets determined the competitive attributes of a business.

This has largely changed in the new epoch of "dataism" and technological advancement where businesses appreciate the amplifying value of intangible assets. These intangible assets are legally known as Intellectual Property (IP).

Innovation has become a major life line for many (if not all) businesses it steers competition both locally and internationally.

It is apparent that as intangible assets (IP) enhances growth in economies, the market value of SMEs should not be left behind. One way to stay ahead is by legally protecting intangible assets, acquiring more of this class of assets and finally, maintaining the already existing IP.

Why protect your IP as an investment?
Businesses in the market are now not only valued based on their machinery/tangible assets but through their current business operations and expectations of future profits(IP), this is through their investment in intellectual property.

You are an SME, take charge in securing the future of your business by investing in intellectual property.

01/05/2019

Do you run a start-up business/organization? JNM Advocates is offering a legal audit at a one-off discounted fee. For more information, please Call/Whats-App or send us an email.