Definition
ABSTRACT
The Kenya Society has placed immense emphasis on tangible property such as land as a means of production and as a development mode. Intellectual property rights have hitherto been ignored. For long-standing public policy reasons, intellectual property laws have traditionally been intended to accomplish a balance between the need to support innovation and creativity and prevent unfair competition.
While the TRIPS Agreement was careful to specify the scope of information that is to be protected by the intellectual property laws of WTO-member countries, it did not detail all of the limitations that can be imposed on IPRs and thus a risk that individual countries will adopt trade secret laws that go further than is necessary to comply with the intent of the TRIPS Agreement.
The main objective of this study is to examine the extent to which interpretation and limitations imposed upon the trade secret law in Kenya have been incorporated with regard to Article 39 of the TRIPS Agreement. The data and information (methodology) pertaining to this study was obtained through documentary research. Relevant literature is from books, academic papers, journals, and the internet.
The findings of this study were that the extent of interpretation and limitations as per the article 39 of TRIPS Agreement was minimal in comparison with inadequacy in view of the legal regime that exists in the US. This research is of the conclusion that there is need to establish a Sui Generis system in the Kenyan system for regulation and protection of Trade secrets. This study will contribute to the field of intellectual property law in particular thus useful to develop further research, which could lead to eventual efficient strategies on protection of trade secrets.
Moi University, School of Law: August 2016
O.G.
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