The Industrial Property Act, 2001
46
design after the product has been lawfully imported or sold in Kenya.
(3) The registered owner of an industrial design shall, in addition to any
other rights, remedies or actions available to him, have the right to institute
court proceedings against any person who infringes the industrial design by
performing, without his consent, any of the acts referred to in subsection (1)
or who performs acts which make it likely that infringement will occur.
(4) An industrial design in respect of which Kenya is a designated State
registered by ARIPO by virtue of the ARIPO Protocol shall have the same
effect in Kenya as an industrial design registered under this Act unless the
Managing Director has communicated to ARIPO, in respect of an
application thereof, a decision in accordance with the provisions of the
ARIPO Protocol that if a registration is made by ARIPO that registration
shall have no effect in Kenya.
Transfer and
assignment of
industrial
designs; licences
93. (1) Rights subsisting in an industrial design may be transferred in whole
or in part.
(2) The provisions of sections 62, 63, 64, 68 and 70 shall apply mutates
mutandis to this Part.
PART XIV - TECHNOVATIONS
Definitions
94.
For the purposes of this Part: -
(a) “technovation” means a solution to a specific problem in the field of
technology, proposed by an employee of an enterprise in Kenya for use by
that enterprise, and which relates to the activities of the enterprise but which,
on the date of the proposal, has not been used or actively considered for use
by that enterprise;
(b) “employee” and “enterprise” mean the employee and the enterprise
referred to in paragraph (a), and where several enterprises are owned or
operated by one person, all such enterprises shall be considered as one
enterprise;
(c) “date of the proposal” means the date on which the employee makes a
request in accordance with section 96;
(d) “technovation certificate” means the document issued by the enterprise
in accordance with section 95;
(e) “technovator” means an employee to whom the enterprise has issued a
technovation certificate.
Right to
technovation
certificate
95. (1) Subject to subsection (2), any employee of the enterprise on the date
of the proposal shall be entitled to a technovation certificate as provided for
in this Part.