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Intellectual Property

Intellectual Property Services - Safeguarding Your Innovations and Creativity

At Gillian Neky & Co Advocates, we understand the intrinsic value of your intellectual property (IP). Whether you're an individual inventor, a startup, or a multinational corporation, our dedicated Intellectual Property practice is committed to helping you protect, manage, and maximize the value of your IP assets. Here's how we can assist you:

The firm also provides specialized legal services related to intellectual property, including compliance, audits, due diligence, and the optimization and restructuring of intellectual property portfolios in the context of merger and acquisition transactions, IPOs, and other equity deals.

Our services are organized into five distinct areas:

Intellectual Property Strategy:

We offer comprehensive assessments and strategic guidance on intellectual property protection and utilization. This encompasses evaluating a client’s existing intellectual property assets and providing advice on how to protect and commercialize them.

Regarding IP protection, our services encompass:

  • Conducting searches, registering, assigning, and renewing trademarks and service marks.
  • Filing patents and industrial designs, along with providing validity opinions and guidance.
  • Advising on copyright registration and handling related matters.
  • Managing plant breeders’ rights, including the application process and liaising with relevant authorities.
  • Handling local opposition and expungement proceedings.
  • Conducting domain name searches, managing registrations, and handling renewals.
  • Managing annual maintenance fees on behalf of clients.

 

Intellectual Property Disputes:

We guide clients in safeguarding their intellectual property, including through litigation and alternative dispute resolution methods, with a focus on achieving effective and cost-efficient solutions.

Gillian Neky & Co. Advocates actively participates in contentious intellectual property litigation, handling cases related to trademark opposition, expungement, and infringement, as well as passing off claims, copyright disputes, and patent litigation before various regulatory bodies and the High Court of Kenya.

IP Contracts, Licensing, and Assignments:

Upon the registration of intellectual property rights, we assist clients in efficiently leveraging or commercializing their intellectual property and innovations through licensing and assignment agreements. These agreements differ significantly, and it is crucial for both parties to understand their implications fully. We excel in preparing these intricate agreements, which dictate how third parties may utilize intellectual property rights.

Our services in this area encompass:

  • Legal advice on intellectual property rights assignments and license agreements.
  • Legal opinions on regulatory requirements and compliance.
  • Negotiating, reviewing, and drafting intellectual property license and assignment agreements.
  • Legal advice on perfecting and enforcing intellectual property license and assignment agreements, including termination.

IP and Software Agreements:

Software agreements grant users the right to utilize software while providing software owners control over its usage. Gillian Neky & Co. Advocates offers guidance on various software-related contracting matters, focusing on client-centric solutions that align with business objectives, mitigate risks, and maximize profitability.

Our expertise includes advising software and hardware owners on the commercialization, protection, licensing, and exploitation of software, data, and technology. This encompasses a range of software licenses, including End User License Agreements, B2B Software Licenses, and Free/Open-Source Licenses.

Our areas of practice within this domain include:

  • Legal advice on software development and licensing agreement issues.
  • Software agreements.
  • Software outsourcing agreements.
  • Systems integration agreements.
  • Software installation agreements.
  • Software purchase agreements.
  • Software consulting agreements.
  • Data protection.
  • Legal guidance on protecting intellectual property rights.
  • Non-compete, non-disclosure, and confidentiality agreements.
  • License agreements for deployed software, software as a service (SaaS), cloud computing, hosting, integration, support and maintenance, proof-of-concept, and development.

IP and Internet:

The advent of the Internet has transformed business practices and introduced new business models. Digital media and technology convergence has given rise to a unique legal landscape affecting the protection of intellectual property rights.

At Gillian Neky & Co. Advocates, we advise clients on safeguarding their intellectual property in the online sphere and handling issues stemming from the convergence of digital media and technology. Our guidance extends to addressing matters concerning businesses engaged in internet activities, such as:

  • Domain name disputes, registrations, and licensing.
  • E-commerce.
  • Logistics and distribution (both digital and physical).
  • Cybercrimes, defamation, and data protection.
  • Labor and employment matters.
  • Digital taxation.
  • Mergers, joint ventures, and strategic alliances.
  • Outsourcing transactions

Ready to take the next step? Contact us today to get started on your project, ask any questions, or explore our services further. Our team is here to assist you every step of the way. Let’s bring your ideas to life and achieve your goals together!”

About us

At Gillian Neky & Co. Advocates, we are committed to delivering exceptional legal services, driven by integrity, expertise, and unwavering dedication to our clients. Our firm was founded on the principles of providing top-tier legal counsel, protecting our clients’ interests, and upholding the highest ethical standards.

Why Choose Gillian Neky & Co Advocates for Intellectual Property?

  • Experience: Our team includes IP specialists with in-depth knowledge of various industries and IP domains.

  • Tailored Solutions: We understand that every IP scenario is unique, and we craft customized strategies to meet your specific needs.

  • Global Reach: We provide services that cater to domestic and international clients, assisting with IP protection on a global scale.

  • Proactive Protection: Our proactive approach helps prevent IP disputes and protect your innovations and creative works.

  • Results-Driven: We measure our success by the value we bring to your IP portfolio and your ability to achieve your IP-related goals.