From AI Ownership to IP Reform: INTA’s Second In-House Counsel Forum Convenes in Nairobi

INTA hosted its second Intellectual Property Forum for In-House Counsel last month in Nairobi, Kenya. Building on the success of the inaugural forum held in 2025, the event brought together in-house counsel, intellectual property (IP) practitioners, and representatives from the Kenya Industrial Property Institute (KIPI), the Kenya Copyright Board (KECOBO), and the Anti-Counterfeit Authority of Kenya (ACA) for a practical discussion on the IP issues that businesses in Kenya are navigating today.

In her keynote address, Marisella Ouma, Deputy General Counsel at the Central Bank of Kenya, emphasized the power of IP as a business differentiator and a driver of competitiveness. She also highlighted the important role of the private sector in shaping Kenya’s evolving IP reform agenda. In-house counsel, in particular, were encouraged to engage actively in public consultation processes and to share practical feedback informed by their day-to-day experience advising businesses on brand protection, copyright compliance, enforcement challenges, product launches, and technology adoption. Their contribution is essential in ensuring that IP policy and legislation remain responsive to real business needs and commercial realities, noted Ms. Ouma.

The first panel, IP in Kenya: What Business Needs from Policy, Regulation, and Enforcement, examined Kenya’s evolving IP ecosystem and the practical needs of businesses operating within it. The session was particularly timely given the ongoing discussions around Kenya’s Draft National Intellectual Property Policy and Strategy, 2026, and the Kenya Intellectual Property Bill. Moderated by INTA’s Africa Consultant Hazel Okoth, the panel featured Henry Maina, Deputy Director, Research, ACA; Ms. Ouma; Sharon Chahale Wata, Deputy Executive Director, Training and Research, KECOBO; and Concilia Were, Assistant Manager, Legal Services, KIPI. They explored what businesses require from Kenya’s IP framework, including predictability, institutional coordination, efficient registration processes, and effective enforcement. The panelists also considered the potential implications of the proposed reforms, including the establishment of a consolidated IP office. A recurring theme was that legal and institutional reform must be assessed from the perspective of users of the system to ensure that businesses experience a system that is easier to navigate, faster, and more coordinated.

The second panel, AI and IP: Who Owns the Machine Output?, focused on the legal and commercial questions arising from the growing use of generative artificial intelligence (AI) in business. INTA member Wilfred Lusi, Partner & Lead, Dispute Resolution, CM Advocates LLP (Kenya) moderated the panel, which was comprised of Ms. Wata; Angela Karamba, Principal Legal Counsel, Consumer Business, Safaricom (Kenya); Jimmy K. Mnene, General Counsel and Group Data Protection Officer, WPP Scangroup Plc (Kenya); and Moriasi Omambia, General Counsel and Head of Business Affairs, Sauti Sol Group (Kenya). The speakers discussed the use of AI tools to generate marketing materials, written content, images, software, and other creative outputs, and considered the unresolved questions around authorship, ownership, infringement, confidentiality, and commercial use.

For our in-house counsel audience, the session underscored the need to move beyond theoretical debates and begin implementing practical governance measures. These include reviewing AI tool terms and conditions, developing internal AI use policies, restricting the upload of confidential information into public tools, and, most importantly, maintaining human oversight. The panel also highlighted the importance of advising business teams early, particularly where AI-generated content is intended for commercial campaigns, customer-facing materials, or product development.

The final panel, Data Privacy and IP, explored how organizations can balance the protection and commercialization of intangible assets with evolving privacy requirements and regulatory obligations. INTA member Perpetua Mwangi, IP attorney, Von Seidels (Kenya), moderated the panel and was joined by Louisa Matu-Mureithi, Data Protection Practitioner, Kenya Privacy Professionals Association (Kenya); Ken Ngugi, Head of Legal and Compliance, Jumia Group (Kenya); and Shem Otanga, Partner, Kieti Law LLP (Kenya). As organizations increasingly rely on data-driven business models, the panelists emphasized the need for integrated governance frameworks that address both innovation and compliance concerns.

Throughout the Forum, participants shared practical experiences from a variety of sectors, including financial services, technology, telecommunications, media, and consumer goods. The discussions demonstrated a growing appreciation among Kenyan businesses that effective IP management is not only a legal necessity but also a driver of competitive advantage, investment, and business growth.

In her closing remarks, Imelda Anika, Legal Director, DLA Piper Africa (IKM Advocates) (Kenya), called for continued engagement, encouraging participants to take the day’s discussions back to their organizations and to remain active contributors to Kenya’s evolving IP ecosystem. She also highlighted the value of being part of a global association such as INTA, where professionals connect, learn from one another, contribute to policy conversations, and help shape stronger, more business-responsive IP systems.

As INTA continues to expand its engagement with corporate stakeholders across Sub-Saharan Africa, the Forum remains an important platform for fostering dialogue between businesses, regulators, and the IP community. The strong participation and active discussions during the event reinforced the growing interest among African businesses in leveraging IP as a strategic asset and a catalyst for innovation.

INTA Consultant Hazel Okoth supports the Association’s members across Africa in collaboration with the staff at INTA’s headquarters in New York City and Representative Offices around the world. Ms. Okoth works on the Association’s policy, membership, marketing, and communications initiatives in Africa. Please contact Ms. Okoth to learn more about INTA’s activities in Africa.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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