This May, as Arsenal fans flood the streets of London and Nairobi alike in their red and white jerseys fresh off the club’s 2026 Premier League triumph, something quietly lucrative is happening. Every jersey sold, every knockoff replica hawked at a fraction of the price, and every fan streaming celebration in a branded shirt tells an IP story. When a team wins, jersey sales spike. But who actually pockets that money? The answer depends entirely on who holds the trademark registrations, who licensed the manufacturer, and crucially, who filed first. In Kenya’s first-to-file system, an entrepreneur could theoretically register a popular club’s hashtag or celebration phrase before the club itself does. The same passion that drives fans to pull on their lucky jersey for a title decider is the same passion that smart IP owners can, and do monetise.
Back in April, Muma & Kanjama Advocates marked Intellectual Property Month, with 29th April being
International IP Day. The firm engaged in several activities, most notably a webinar hosted by the East Africa Law Society on Leveraging IP to Unlock East Africa’s Multi-Billion Shilling Sports Industry and a candid NTV Fixing the Nation segment on IP & Sports: Ready and Set, Innovate. Both underscored the pressing need to rapidly commercialise sports as an untapped economic frontier, conservatively estimated at USD 20 billion.
In the EALS webinar, Liz Lenjo (Chairperson of Copyright Tribunal), together with George Okwaro and Sydney Nnamoko, broke down the key areas of concern for most stakeholders in Kenya and East Africa recognizing that the International and Regional legal framework governing the sports industry are Banjul Protocol, the New York Convention on recognition and enforcement of foreign arbitral awards and WIPO treaties but this list is not exhaustive. IP has over 28 International Instruments governed by World Intellectual Property Organization (WIPO), which govern various aspects of IP from Patents, Copyrights, Trademarks, Geographical Indications, Traditional Knowledge, Genetic Resources, Dispute Resolution, Internet and Technology, Plant Genetic Resources just but to mention a few.
On NTV, Mutua Mutuku, an IP lawyer and patent agent, defined IP as “creations of the mind” rooted in the Kenyan Constitution, breaking it into industrial rights, namely patents, utility models, designs, and trademarks, and copyright for artistic works, while also covering geographical indications such as tea and Taita baskets, traditional knowledge under the Traditional Knowledge and Cultural Act 2016 including carvings and beadwork, and trade secrets like the Coca-Cola formula.
IP governance at international level traces its history to Paris Convention for the Protection of Industrial
Property (1883) Berne Convention for the Protection of Literary and Artistic Works (1886), Patent Cooperation Treaty (PTC), Madrid Agreement on Trademarks, TRIPS Agreement of 1994, Nairobi Treaty on Olympic Symbol, WIPO treaties in particular WIPO copyright treaty and performances and phonograms (WIPO Internet Treaties 1996) technology latest being WIPO Treaty on IP, Genetic Resources and Associated Traditional Knowledge to curb biopiracy. At the National level, IP, especially in the sports arena, is governed by the Copyright Act, Trademark Act, Industrial Property Act, Anti–Counterfeit Act, Data Protection Act, and Sports Act.
The discussions across both forums revolved around branding. The journey of a sports brand begins long before a jersey is sold, be it Gor Mahia Football Club’s green jersey or AFC Leopards Football Club’s blue jersey, together with its leopard sign, which dominates the now popular “Shemeji Derby”, another IP rich terminology worth exploring another day. It is pertinent that all clubs follow a life cycle to ensure IP protection. Once a team commissions a logo or design, the first legal step is a contract that transfers the copyright from the designer to the club, enabling the club to register the same as a trademark under the Trademark Act. This unlocks commercial licensing and exclusive use, with registrations extendable to the regional level through ARIPO.
Trademarks are registered under specific classes set out in the NICE Agreement. Sports entities are under Class 41(sports and entertainment) and Class 25(apparel). A robust strategy covers merchandise such as pens, mugs, hoodies, phone cases and services like financial services, for instance, branded bank visa cards. On the digital platform, digital assets are very valuable, such as a player’s celebration, a club’s hashtag, and videos. Clubs must have contracts with players and producers assigning any benefits arising from the said rights to the club.
Major global events like the World Cup, Winter Olympics, and AFCON make sports IP particularly timely. Patents and utility models, for instance, protect technological innovations that ensure fair play, including Goal-Line Technology, VAR, and the disappearing free-kick spray. Copyright extends to event theme songs such as Shakira’s “Waka Waka” where creators hold economic rights to earn royalties and moral rights to be recognized as authors and to prevent the mutilation of their work.
The concept of the “walking billboard” in apparel and industrial designs emphasises the need for a full IP toolkit. Industrial designs protect the unique visual appearance of a product, including the cut, pattern, and texture of a jersey or football boot. Trademarks protect the logo displayed on the chest or product. Because the region follows a first-to-file system, where the first registrant is the rights owner regardless of who invented or first used the mark, it is vital to act fast and file through the Banjul Protocol, which allows registration across several countries. Technological measures such as QR codes and working closely with customs and anti-counterfeit offices will help eliminate joy riders.
Another eye-opener is that IP assets are bankable. If well protected, authentic, verifiable and bringing in good returns IP assets can be used as collateral, loans or licensed to manufacturers in exchange for royalties. Kenya’s Movable Property Security Rights Act of 2017 signaled a shift in the legal framework, broadening credit access by allowing individuals and businesses to leverage intangible assets as securities, a discussion for another day.
On athlete rights and personal branding, individual athletes like Eliud Kipchoge can leverage IP. Image rights involve the commercialization of an athlete’s likeness, which is often a major point of negotiation in high-profile transfers or sponsorship deals. Athletes can also trademark their names or signatures (the “Kardashian model”), though they may need to disclaim common elements of their name if others share it. Additionally, the specific design of performance gear, such as the shoes Kipchoge used to break the marathon record falls under design protection.
Crucially, athletes and creators should hold their IP through entities (companies, limited liability partnerships, or trusts) rather than as individuals. This is because it allows for easier succession and transition of rights to children and heirs, and while individual copyright lasts for the creator’s life plus 50 years, holding rights through a company can sometimes extend strategic control over those assets.
Esports was identified as a new frontier. The age of competitive video gaming is here, presenting unique legal challenges to the local courts. The International Games and Esports Tribunal, which has partnered with WIPO and Esports Integrity Commission, ensures speedy dispute settlement through mediation and arbitration, offering expertise on gaming codes and platforms, confidentiality against revealing commercial algorithms, unreleased content and trade secrets as well as cross-border enforceability.
Fan behaviour inside stadiums can lead to legal issues. Exclusive broadcast rights belong to specific entities; fans who record entire matches and stream them to followers infringe on those rights. Capturing logos of sponsors in such unofficial streams can also constitute trademark infringement.
Image Rights was singled out as remaining unprotected by any specific legislation. Protection is achieved through a game of contracts defining who can use an individual’s likeness and for what purpose, and how long. Locally, the Data Protection Act has moved to enforce these rights, especially in the sports industry, as seen in Nick Ongeri Muirura vs Kabras Sugar.
For local enforcement, the Industrial Property Tribunal and Copyright Tribunal can be the first port of call, provided the dispute lies within their limited jurisdiction. Otherwise, trademark disputes are handled by the Registrar of Trademarks in the first instance and the High Court on Appeal. IP claims, especially in sports, are multifaceted as described by George as a toolkit, and the Supreme Court in Abuotha Nicolas Case held that those kinds of claims should be filed in the High Court.
The writer Andrew Muma is Senior Partner, Muma & Kanjama Advocates, Lecturer, University of Nairobi (Jurisprudence, IP Law, Evidence Law, Land Use Law, Climate Change and Environment), Member, Business Premises Rent Tribunal and Fellow Chartered Institute of Arbitrators Kenya CIArb.
The able assistance of Ms. Nyabundi of Muma & Kanjama Advocates is appreciated.