INDUSTRIAL PROPERTY ACT - Kenya Law Reports

1 LAWS OF Kenya INDUSTRIAL PROPERTY ACT No. 3 of 2001 Revised Edition 2012 [2001] Published by the National Council for Law Reporting with the Authority of the Attorney-General [Rev. 2012] No. 3 of 2001 INDUSTRIAL PROPERTY 3 [Issue 1] NO 3 OF 2001 INDUSTRIAL PROPERTY ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title. 2. Interpretation. PART II ADMINISTRATION 3. Establishment and incorporation of the Institute. 4. Headquarters. 5. Functions of the Institute. 6. Board of Directors. 7. Functions and powers of the Board.

2 8. Conduct of business and affairs of the Board. 9. Remuneration of Board members. 10. Delegation by the Board. 11. Managing Director. 12. Staff of the Institute. 13. The Common seal of the Institute. 14. Protection from personal liability. 15. Liability of the Board for damages. 16. Funds of the Institute. 17. Financial year. 18. Annual estimates. 19. Accounts and audit. 20. Investment of funds. PART III PATENTS: PATENTABILITY 21. Meaning of invention . 22. Patentable inventions. 23. Novelty.

3 24. Inventive step. 25. INDUSTRIAL application. 26. Non-patentable inventions. 27. Information prejudicial to defence of Kenya or safety of public. 28. Restrictions on applications abroad by Kenya residents. 29. Patents relating to living matter. PART IV RIGHT TO INVENTIONS AND NAMING OF INVENTOR 30. Right to a patent. 31. Unauthorized application based on an invention of another person. No. 3 of 2001 [Rev. 2012] INDUSTRIAL PROPERTY [Issue 1] 4 Section 32. Inventions made in execution of commission or by employee. 33. Naming of inventor.

4 PART V APPLICATION, GRANT AND REFUSALS OF PATENT 34. Application. 35. Unity of inventions. 36. Amendment and division of application. 37. Right of priority. 38. Information concerning corresponding foreign applications and grants. 39. Payment of fees. 40. Withdrawal of application. 41. Filing date and examination of application as to form, etc. 42. Publication of application. 43. International-type search. 44. Examination as to substance. 45. Grant, registration and publication of a patent. 46. Register of patents. 47.

5 Appeals. PART VI INTERNATIONAL APPLICATIONS 48. Interpretation of Part VI. 49. Further functions of the Institute. 50. Unsearched or unexamined international applications, etc. 51. Provisional protection of published international applications. 52. Publication of international applications. PART VII RIGHTS AND OBLIGATIONS OF THE APPLICANT OR THE OWNER OF THE INVENTION 53. Rights and obligations. 54. Rights of owner of patent. 55. Enforcement of rights. 56. Right of a prior user. 57. Scope of protection. 58. Limitation of rights. 59. ARIPO Protocol on patents.

6 PART VIII TERM OF PATENT AND ANNUAL FEES 60. Term of patent. 61. Annual fees. PART IX CHANGE IN THE OWNERSHIP AND JOINT OWNERSHIP OF APPLICATIONS AND PATENT(S) 62. Change in ownership of applications, etc. 63. Joint ownership of applications and patents. PART X CONTRACTUAL LICENSES 64. Rights of licensee. 65. Right of licensor to grant further licences and use of the invention. [Rev. 2012] No. 3 of 2001 INDUSTRIAL PROPERTY 5 [Issue 1] Section 66. Effects of patent not being granted, revoked or being invalidated. 67. Form of licence contracts. 68.

7 Petition for registration. 69. Prohibited terms in licence contracts. 70. Registration of the contract and issue of certificate. 71. Remedies. 72. Compulsory licences for non-working and similar reasons. 73. Compulsory licences based upon interdependence of patents. 74. Preconditions for grant of compulsory licences. 75. Grant and terms of compulsory licences. 76. Transfer of compulsory licences. 77. Cancellation of compulsory licences. 78. Registration of grants, cancellation or variation. 79. Licences as of right. PART XI EXPLOITATION OF PATENTED INVENTIONS BY THE GOVERNMENT OR BY THIRD PERSONS AUTHORIZED BY THE GOVERNMENT 80.

8 Exploitation of the patented inventions by the Government or by third personsauthorized by the Government. PART XII UTILITY MODELS 81. Applicability of provisions relating to patents. 82. Special provisions relating to utility model certificates. 83. Conversion of patent applications to applications for utility model Certificates, andvice versa. PART XIII INDUSTRIAL DESIGNS 84. Definition of an INDUSTRIAL design. 85. Right to INDUSTRIAL design; naming of creator. 86. Registrable INDUSTRIAL designs. 87. Application and examination. 88. Duration and renewal of registration of an INDUSTRIAL design.

9 89. Restoration of registration of INDUSTRIAL designs. 90. Graphic representations, specimens, etc. 91. Publication of reference to registration of INDUSTRIAL designs. 92. Rights conferred by registration of INDUSTRIAL designs, etc. 93. Transfer and assignment of INDUSTRIAL designs; licences. PART XIV TECHNOVATIONS 94. Definitions. 95. Right to technovation certificate. 96. Request. 97. Issuance or refusal of technovation certificate. 98. Use of technovation. 99. Remuneration of the technovator. 100. Derogation by contract. 101. Disputes.

10 No. 3 of 2001 [Rev. 2012] INDUSTRIAL PROPERTY [Issue 1] 6 PART XV COMMON PROVISIONS: SURRENDER, REVOCATION AND INVALIDATION Section 102. Surrender. 103. Revocation or invalidation. 104. Effect of revocation or invalidation. PART XVI INFRINGEMENT 105. Acts constituting infringement. 106. Relief. 107. Declaration of non-infringement. 108. Threat of infringement proceedings. 109. Criminal proceedings. 110. Presumption of use of patented process. 111. Legal proceedings by licensee. PART XVII INDUSTRIAL PROPERTY TRIBUNAL 112. Appeal from decisions of the Managing Director.