The Industrial Property Act, 2001
53
owner institute such proceedings in his own name, and the owner may join
in the proceedings.
(3) Even before the end of the three-month period referred to in subsection
(2), the Tribunal may, on the request of the licensee, grant an appropriate
injunction to prevent infringement or to prohibit its continuation, where the
licensee shows that immediate action is necessary to avoid substantial
damage.
PART XVII - INDUSTRIAL PROPERTY TRIBUNAL
Appeal from
decisions of the
Managing
Director
Industrial
Property Tribunal
112.Where under this Act provision is made for appeal from the decisions of
the Managing Director, all such appeals shall be made to the Industrial
Property Tribunal in accordance with the provisions of this Part.
113. (1) For the purposes of hearing and determining appeals in accordance
with section 112 and of exercising the other powers conferred on it by this
Act, there is hereby established an Industrial Property Tribunal which shall
consist of the chairman and four members appointed by the Minister.
(2) The chairman of the Tribunal shall be a person who has been a judge or
who is qualified to be appointed a judge of the High Court of Kenya.
(3) At least two members of the Tribunal shall be persons who have, for not
less than seven years, been qualified and entitled to practise as advocates in
Kenya and the other two members must have experience and/or expertise in
industrial, scientific and technological fields.
(4) The Tribunal shall sit at such times as it may appoint.
(5) There shall be paid to the Chairman and the members of the Tribunal
such remuneration and allowances as the Minister may determine.
(6) The Board shall appoint a suitable legal officer to be secretary to the
Tribunal.
(7) The chairman and every member appointed under this section shall hold
office for a period of three years and shall be eligible for re -appointment.
(8) Any member appointed under subsection (1) shall cease to hold office if:
(a) the Minister removes him from office on the grounds that he is
incapacitated by mental or physical illness or is otherwise unable or unfit to
discharge the functions of a member or is unable to continue as a member;
(b) he delivers to the Minister a written resignation of his appointment;
(c) he has been absent from three consecutive meetings of the Tribunal