The Industrial Property Act, 2001
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owner with any other national or regional industrial property office, or in
connection with any proceedings relating to the registration of the patent,
utility model or the industrial design or other title or protection granted upon
such application.
(14) The notice of the application referred to in subsection (1) shall be
served on any licensee under the patent, the utility model or the industrial
design who is entitled to join the proceedings in the absence of any provision
to the contrary in the licence contract.
(15) Where, before or during the proceedings, it is alleged or it appears to
the Tribunal that the right to the patent, the utility model or the industrial
design belongs to a person who is not a party to the proceedings, notice of
the application referred to in subsection (1) shall be served on that person
and such person who shall be entitled to join in the proceedings.
Effect of
revocation or
invalidation
104. (1) Any revoked or invalidated patent, utility model or industrial design
or claim or part of a claim of a registered industrial design shall be regarded
as null and void from the date of the grant of the patent or certificate of
registration for the utility model or the industrial design.
(2) As soon as the decision of the Tribunal is no longer subject to appeal, the
Chairman of the Tribunal shall inform the Managing Director who shall
register and publish it as soon as possible in the Kenya Gazette or in the
Industrial Property Journal.
PART XVI - INFRINGEMENT
Acts constituting
infringement
105. Subject to sections 58, 61(6), 72, 73, and 86, any act specified in
section 54 or 92 and performed by a person other than the owner of the
patent or of the registered utility model or industrial design without the
owner’s authorization, in relation to a product or a process falling within the
scope of a validly granted patent or certificate or registration shall constitute
the infringement.
Relief
106. On the request of the owner of the patent or the registered utility model
or industrial design, the Tribunal shall grant the following relief: (a) an injunction to prevent infringement where infringement is imminent or
to prohibit the continuation of the infringement, once infringement has
started;
(b) damages; or
(c) any other remedy provided for in law.
Declaration of
non-infringement
107. (1) Subject to subsection (2), any person showing a legitimate interest
may request the Tribunal to declare that the performance of any specific act
does not infringe the patent or the registered utility model or industrial
design and the owner and any licensee under the patent or the registered