AI Law - International Review of Artificial Intelligence Law
G. Giappichelli Editore

23/06/2024 - Protecting Kenyan Businesses from AI-Induced Unfair Competition (Kenya)

argument: Notizie/News - Competition Law / Antitrust Law

According to an article from Business Daily Africa, the rise of AI presents significant challenges for Kenyan businesses. Cathy Mputhia, founder of C Mputhia Advocates, highlights how AI-driven competition may harm established businesses through dishonest and fraudulent practices. Kenya's legal framework currently lacks specific provisions addressing AI's impact on market competition, intellectual property, and trade secrets. This situation necessitates protectionist legislation to safeguard local enterprises and prevent potential unemployment due to business closures. Although global AI legislation trends are emerging, many legal grey areas persist. Mputhia suggests that while existing laws on unfair competition, intellectual property rights, and data protection offer some relief, enforcement remains challenging because AI is not recognized as a legal entity. Therefore, legal actions must target the AI owners. Moreover, jurisdictional issues complicate enforcement when AI solutions originate from different regions. To mitigate AI's adverse effects, businesses need clear legal avenues to address injuries caused by AI, such as trademark infringements. Mputhia concludes that comprehensive AI-specific legislation is crucial for protecting Kenya's economic interests and promoting fair competition.