Paper Title
MUSIC AS PART OF PROTECTABLE SUBJECT MATTER UNDER KENYA’S TRADEMARK LAW

Abstract
This paper highlights the extent of copyright protection for musical works in Kenya and whether Kenya’s Copyright Act (No.12 of 2001) is enough to effectively protect the music created by local acts. Although Kenya’s copyright law gives provisions for the protection of music, this paper argues that trademark protection as well as commercial control over their music in its entirety; this includes lyrics and jingles or sounds. Although the use of copyrightand trademark law simultaneously would create an overlap of intellectual property rights, the concept is fairly common as many lawyers have explored this loophole in western jurisdictions such as the United States and the United Kingdom. It is from this overlap concept that this paper suggests the expansion of protectable subject matter under Kenya’s Trademark Act (Chapter 506 laws of Kenya) to include music in all its forms. It currently does not expressly mention music in any form as part of its protectable subject matter under Kenya’s Trademark act (Chapter 506 laws of Kenya) to include music in all its forms. It currently does not expressly mention music in any form as part of its protectable subject matter. This paper also explores international law as the TRIPS Agreement and common law doctrines that Kenya is privy to that have dealt with the use trademark and copyright law overlaps over the same subject matter being and concludes how such inclusion seeks to benefit national economic growth and development. Keywords- Protectable Subject Matter, Trademark Law, Copyright Law, Copyright Overlap