Intellectual property on Architectural design.

Under Kenyan law, intellectual property rights, including architectural designs, are protected. If a fundi (artisan or builder) has stolen your house design and built it without your consent, you may have legal recourse under the Copyright Act, No. 12 of 2001, and other relevant laws. Here’s what you can do:

1. Establish Ownership of the Design

• If you have architectural drawings, blueprints, or any other design documents, ensure they are properly documented.

• If the design was created by a licensed architect, verify if it was registered under the Board of Registration of Architects and Quantity Surveyors (BORAQS).

• If you personally designed the house, evidence such as drafts, emails, or agreements can help prove ownership.

2. Issue a Cease and Desist Letter

• You may engage a lawyer to send a formal demand letter to the fundi, instructing them to stop using your design immediately and possibly compensate you for unauthorized use.

3. Report to the Police (Theft and Fraud Claims)

• If the fundi misrepresented themselves or used your design without authorization, you may file a criminal complaint for theft or fraud at your nearest police station.

4. File a Civil Suit for Copyright Infringement

• Under the Copyright Act, you can sue for:

  • Damages (financial compensation for losses).

  • Injunctions (court orders to stop further use).

  • Seizure of profits from unauthorized construction.

• The Kenya Industrial Property Institute (KIPI) also protects intellectual property and may help enforce your rights.

5. Report to the Architectural Board

• If a registered architect was involved in the misuse of your design, you can file a complaint with BORAQS for professional misconduct.