TikTok sensation David Moya caused a stir in February 2023, when he announced he would patent his dance moves.
The internet star decried that Kenyans were copying his moves and patenting them would protect his creativity.
However, Kenyans.co.ke established that there are certain items which one cannot patent in Kenya.
In the matter of dance moves, Moya is misinformed as that does not fall in the patent category but rather in the copyright category.
In Kenya, you can protect your work either by applying for a patent, trademark or copyright.
A patent is used to protect new inventions, processes or scientific creations. The invention must provide a solution to a specific problem in the field of technology.
Trademark on the other hand protects brands, logos and slogans while copyright protects original artistic, music and literary works. This includes among others; computer programs, music, films, photographs, art, and sculptures
What you cannot patent or copyright
According to the Kenya Industrial Property Institute (KIPI), you cannot patent discoveries of findings that are products of nature including planting and organisms.
For example, if you discover a particular plant that cures a specific disease, you can patent the formula for creating your medicine but you cannot prevent other people from using the plant to come up with their own formulas.
KIPI further states that you cannot apply ownership of scientific and mathematical methods and theories.
Similarly, you cannot patent rules for playing games but you are allowed to patent game equipment.
In medicine, you cannot patent methods for treatment for humans and animals as well as public health-related methods.
According to The Kenya Copyright Board (KECOBO), choreographic works that encompass dance moves have limited copyright protection.
Should Moya decide to copyright his dance style, he would have to prove it is his original idea and that no one has ever used that dancing style before.
Additionally, KECOBO does not accept individual dance moves and would require a whole videotaped choreography for consideration.
How to apply for copyright in Kenya
- Go to nrr(dot)copyright(dot)go(dot)ke using your desktop computer, laptop or your smartphone;
- Create an account and then upload your work. You can either create an individual account or a corporate account.
- Receive a validation code
- Enter the code and complete the account creation process
- Log in and proceed with the registration where you will be tasked with filling particulars of your work.
- After inputting your particulars, click the ‘register copyright’ button which completes the process. You will be notified whether the process has been completed and await a certificate.
According to KECOBO, the fees for copyright registration of various works have been waived temporarily.
A patent registration form on the other hand can be found on KIPI website by clicking www(dot)kipi(dot)go(dot)ke/images/forms/patent_forms/formip3(dot)pdf
The cost of a patent includes a filing fee of Ksh3000; a publication fee of Ksh3000; an examination fee of Ksh5,000; and a grant fee of Ksh3000.
