The Industrial Property Act, 2001
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(viii) to limit the volume of the products produced by the licensee with the
help of the technology to which the contract relates;
(ix) to restrict or prohibit the export of the products produced by the
licensee;
(x) to oblige the licensee to employ persons designated by the transferor not
needed for the efficient transfer of the technology to which the contract
relates, provided that, for persons so needed, the contract shall provide for
training of persons to replace them within a reasonable period;
(xi) to impose restrictions on research or technological development carried
out by the licensee to absorb or adapt the technology in connection with new
products, processes or equipment;
(xii) to prohibit or restrict the use by the licensee of any technology other
than the technology to which the contract relates;
(xiii) to extend the coverage of the contract to technology not required for
the use of the technology which is the main subject of the contract and to
require consideration for such additional technology;
(xiv) to fix prices for the sale or resale of the products produced by the
licensee with the help of the technology to which the contract relates;
(xv) to exempt the licensor from any liability consequent upon any defect
inherent in the technology to which the contract relates or restrict such
liability;
(xvi) to prohibit or restrict the use by the licensee, after the expiration of the
contract, of the technology acquired as a result of the contract, subject,
however, to any right of the licensor under the patent:
(xvii) to require that disputes arising from the interpretation or performance
of the contract be governed by a law other than the law of Kenya or that such
disputes be brought before courts located in a country other than Kenya;
(xviii) to establish the duration of the contract for a period which is
unreasonably long in relation to the economic function of the contract,
provided that any period which does not exceed the duration of the patent to
which the contract relates shall not be regarded as unreasonably long;
(xix) to restrict the licensee from entering into sales, representation or
manufacturing agreements relating to similar or competing technologies,
when such restrictions are not needed for protecting the legitimate interests
of the licensor, including, in particular, protecting the licensor’s industrial or
intellectual property rights or ensuring that the licensee exercises his best
efforts in respect of any manufacturing, distribution or promotional
obligations;
(xx) to prevent the licensee from adapting the technology to local conditions