The Industrial Property Act, 2001
naming of
creator.
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sell or cause to be sold for commercial or industrial purposes the goods in
which the design is incorporated, subject to the conditions of this Act.
(2) Sections 30, 32 and 33 shall apply mutatis mutandis to the rights of the
creator of an industrial design.
Registrable
industrial designs
86. (1) An industrial design is registrable if it is new.
(2) An industrial design shall be deemed to be new if it has not been
disclosed to the public, anywhere in the world, by publication in tangible
form or, in Kenya by use or in any other way, prior to the filing date or,
where applicable, the priority date of the application for registration.
(3) Section 23(4) shall apply mutatis mutandis, in respect of priority dates of
an industrial design.
(4) Industrial designs that are contrary to public order or morality shall not
be registrable.
Application and
examination
87. (1) Any person wishing to register an industrial design shall send to the
Institute: (a) an application in the prescribed form;
(b) a power of attorney, where the applicant is represented by an agent;
(c) drawings, photographs or other graphic representations of the article
embodying the industrial design and an indication of the kind of products for
which the industrial design is to be used; and
(d) the prescribed application fee.
(2)The request shall be accompanied by a specimen of the article
embodying the industrial design.
(3) Where the applicant is not the creator, the request shall be accompanied
by a statement justifying the applicant’s right to the registration of the
industrial design.
(4) Two or more industrial designs may be the subject of the same
classification provided that they relate to the same class under international
classification or to the same set or composition of articles.
(5) The applicant may at any time withdraw an application lodged under this
section.
(6) The Managing Director shall accord as the filing date the date of receipt
of the application:
Provided that, at the time of receipt, the application fees is paid and the
application contains the name of the applicant and a graphic representation