The Industrial Property Act, 2001
37
Property Journal.
(6) The contents of the contract shall be confidential, unless both parties to
the contract agree to permit access thereto by third parties and such access
shall only be to the extent of the permission so granted.
Remedies
71.An appeal against the decision of the Managing Director may be made to
the Tribunal by the petitioner within two months of his refusal provided that
the grounds of such an appeal shall be limited to the following: (a) that the decision of refusal contains no statement of the reasons for
refusal;
(b) that none of the reasons specified in the decision is a valid reason under
this Act or that such reason was wrongly applied to the petitioner or to the
licence contract; or
(c) that the procedure applied by the Managing Director was irregular and
prejudicial to the rights of the petitioner.
Compulsory
licences for nonworking and
similar reasons
72. (1) At any time after four years from the filing date of an application or
three years from the grant of a patent, whichever period last expires, any
person may apply to the Tribunal for a licence to exploit the patented
invention on the grounds that a market for the patented invention is not
being supplied on reasonable terms in Kenya.
(2) Notwithstanding subsection (1), a non-voluntary licence shall not be
granted if the owner of the patent satisfies the Tribunal that circumstances
exist which justify the fact that the market for the patented invention is not
being supplied, or is not being supplied on reasonable terms, in Kenya.
Compulsory
licences based
upon
interdependence
of patents
73. (1) Where a patented invention cannot be worked without infringing the
rights derived from an earlier patent, the owner of the latter patent may
request the Tribunal at any time for the grant of a compulsory licence with
respect to the earlier patent to the extent necessary for the working of his
invention, if the invention constitutes an important technical advance of
considerable economic significance in relation to the invention claimed in
the earlier patent.
(2) The owner of the first patent shall be entitled to a cross-licence on
reasonable terms to use the invention claimed in the second patent.
(3) The use authorized in respect of the first patent shall be non-assignable
except with the assignment of the second patent.
(4) In this section, “earlier patent” or “first patent” means a patent granted
on an earlier application or benefiting from an earlier validly claimed
priority date, and “latter patent” or “second patent” shall be construed
accordingly.
Preconditions for
grant of
74. (1) A compulsory licence shall not be granted unless the person
requesting the licence:-