The Industrial Property Act, 2001
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(2) Drawings, photographs or other graphic representations and specimens of
industrial designs shall be kept by the Institute for a period of eight years
after the expiry of the registration and may be examined by any interested
person on payment of the prescribed fees.
(3) After publication, any person may obtain an official copy of the
application, representations or specimens.
(4) Subsections (1), (2) and (3) shall apply to official copies furnished by
applicants seeking to avail themselves of the priority of an earlier
registration and to the documents enabling certain applicants to claim the
priority.
(5) An applicant for registration of an industrial design seeking to avail
himself outside Kenya of the priority of his registration before registration of
the industrial design may obtain an official copy of his application.
Publication of
registration of
industrial designs
91. (1) The Managing Director shall publish a reference to the registration of
all reference to industrial designs, which shall contain, in addition to the
prescribed details: (a) the number of the industrial design;
(b) the date of filing of the application;
(c) the mention of any validly claimed priority; and
(d) the drawings, photographs or other graphic representations of the
industrial design and an indication whether a specimen has been deposited
with the Institute.
(2) The Institute shall prescribe the conditions of publication of the
representations of the industrial design.
Rights conferred
by registration of
industrial
designs, etc.
92. (1) Registration of an industrial design shall confer upon its registered
owner the right to preclude third parties from performing any of the
following acts in Kenya: -
(a) reproducing the industrial design in the manufacture of a product;
(b) importing, offering for sale and selling a product reproducing the
protected industrial design; or
(c) stocking of such a product for the purposes of offering it for sale or
selling it.
(2) The rights conferred by the registration of an industrial design shall
extend only to acts done for industrial or commercial purposes and shall not
extend to acts in respect of a product embodying the protected industrial