The Industrial Property Act, 2001
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in any other positions;
(xxxi) to require payment of royalty for patents granted outside Kenya;
(xxxii) to apply dissimilar conditions to equivalent transactions with other
trading parties, thereby placing the licensee at a competitive disadvantage; or
(xxxiii) to make the contract subject to acceptance of supplementary
obligations which, by their nature or according to commercial usage, have no
connection with the subject of such contracts.
Registration of
the contract and
issue of
certificate
70. (1) Where the Managing Director finds that the contract may be
registered, he shall register the contract and issue a certificate of registration
to the petitioner.
(2) If the Managing Director fails: (a) to notify the petitioner of defects in the petition or of terms or defects
precluding registration of the licence contract, within ninety days of the date
of the petition; or
(b) to notify the petitioner of his decision to refuse to register the licence
contract, within ninety days of the date of notification referred to in
paragraph (a),
the licence contract shall be deemed to have been registered and the
Managing Director shall issue a certificate of registration to the petitioner.
(3) The registration shall take effect: (a) if the petition was made within sixty days from the conclusion of the
contract, on the date of the conclusion of the contract; and
(b) in all other cases, on the date of the petition.
(4) When the petition is corrected or the licence contract is amended under
section 68(5), the petition shall be deemed to have been received on the date
when the correction or amendment was made.
(5) The registration and the certificate shall state:(a) the name of the parties to the contract and of the licensee if he not a
party;
(b) the date of the petition;
(c) the date of the registration; and
(d) the registration number,
all of which shall be published in the Kenya Gazette or in the Industrial