The Industrial Property Act, 2001
41
Provided that the provisions of this subsection shall not apply in cases of
national emergency or other extreme urgency in which case the Minister
shall cause the contents of the order to be communicated to the owner of the
patent as soon as reasonably practicable.
(3) An order under this section shall be subject to such conditions, as the
Minister may deem necessary.
(4) Where an order under this section is made, the Managing Director shall
fix the amount of the compensation to be paid to the owner of the patent,
such compensation being equitable with due regard to all the circumstances
of the case and in particular, the economic value of the patent.
(5) An order under this section shall not preclude the owner of the patent
from concluding a licence contract or from exercising the powers conferred
by section 54 of this Act.
(6) The Minister may, upon the request of the owner of the patent or the
Government Ministry, Department, agency or other person designated by the
Minister for the purposes of any order under this section and after hearing all
interested parties, vary the terms of the order to the extent that changed
circumstances justify such variation.
(7) The Minister may, upon the request of the owner of a patent and after
hearing all interested parties, revoke an order under this section: (a) if satisfied that the circumstances necessitating the order have ceased and
are unlikely to recur; or
(b) where the Government Ministry, Department, agency or other person
designated for the purposes of the order is in breach of any condition
imposed under subsection (3).
(8)The authorization of any person in an order under this subsection shall
not be transferable except to a business or enterprise owned or operated by
that person.
(9) The exploitation of the invention pursuant to an order under this section
shall be primarily for the supply of the market in Kenya.
(10) An order relating to the exploitation of an invention in the field of semiconductor technology shall only be made where the Tribunal has determined
that the manner of exploitation of the patented invention, by the owner of the
patent or his licensee, is not competitive and the Minister is satisfied that the
issuance of such an order would remedy such practice.
(11) Any person aggrieved by the decision of the Minister under this section
may appeal to the Tribunal.
PART XII - UTILITY MODELS