The Industrial Property Act, 2001
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this Act;
“former Office” means the Kenya Industrial Property Office existing
immediately before the commencement of this Act.
2. Where a patent was registered in Kenya under the former Act or where it
was saved under Section 126(1) of that Act, and the privileges and rights
conferred by the registration were effective immediately before the
commencement of this Act, then, subject to this Schedule (a) such a patent shall be treated in Kenya as if it had been granted under this
Act;
(b) such a patent shall expire as regards Kenya when those privileges and
rights could have expired if this Act had not been made;
(c) such a patent may be revoked or invalidated only where those privileges
and rights could be declared as not having been acquired in Kenya if this
Act had not been made;
(d) the certificate of registration, or a certified copy of such a patent, shall
be admissible as prima facie evidence of the date and the fact of registration;
and
(e) an action for infringement of such a patent shall lie under this Act only
if the alleged infringement occurred on or after the commencement of this
Act, and in other cases may be instituted and disposed of as if this Act had
not been enacted.
3. So far as is necessary for the purposes of paragraph 2, the Register of
Patents under the former Act shall continue to be maintained and shall be
deemed to be part of the register under this Act
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4. Where the registered proprietor of a design registered in the United
Kingdom under the Registered Designs Act, 1949 of the United Kingdom
enjoyed the same privileges and rights in Kenya in respect of such a design
under the provisions of the repealed United Kingdom Industrial Designs Act
immediately before commencement of the former Act, such a design shall be
deemed to have been registered under the former Act.
5.Applications for the grant of patents or the registration of utility models or
industrial designs filed in Kenya between the date of the commencement of
the former Act and the date of the commencement of this Act, shall be
processed in accordance with the provisions of this Act and shall retain or be
accorded the filing date or validly claimed priority date which was or would
have been accorded under the former Act.
6.Section 62 of the Act shall not apply to licence contracts and contracts
assigning the right to a patent or assigning applications or patents, provided
that the said contracts were concluded before the commencement of this Act
and are submitted for registration to the Managing Director within sixty days