Trade marks, a feature in Kenya's competitive economy
How can developing countries use trade marks to enhance their development strategy? Kenya as a developing country has a right to development. There is need to enhance its trade activities and strategies so that it can be able to scale higher on the ladder of development. Providing incentives to producers and manufacturers is one of the strategies that has been employed to encourage trade in goods and services. A trade mark right is an example of a trade incentive.l A trade mark as a proprietary right vests in its owner such rights that are to the exclusion of all others. Thus, the owner of such a right requires a guarantee that he has the exclusive right to use that trade mark for purposes of putting products protected by the mark into circulation for the first time. In its role as a source identifier, a trade mark is invaluable in the market arena. As a product of the mind demonstrated by the idea therein, a trade mark deserves protection. The creator of such a mark needs to have his private rights balanced and more incentives to come up with other innovations. Trade marks are everywhere. They are a diverse and familiar feature in both industrial and commercial markets.' Manufacturers and traders need identification tools with regard to the goods and services that they produce. Goods and services have to be distinguished in the market arena for efficient trade to take place.
University of NairobiSchool of law