Industrial Property Regulations, 2002
national application, shall be the date of filing of
the international application under the Patent Cooperation Treaty.
Conversion of
refused regional
application.
34. (1) A regional application in which Kenya is
designated and that has been refused by the Secretariat of
ARIPO shall, on request, be treated as an application
under the Act if the Secretariat of ARIPO transmits to the
Institute —
(a)
a request made by the applicant to the
Secretariat of ARIPO that the application
be treated, in Kenya, as an application
under Kenyan law; and
(b)
a copy of the files relating to the
application.
(2) A request to have a regional application
treated as an application under the Act shall be in
Form IP 15.
(3) The date of filing, for the purposes of the
treatment of a regional application as a national
application, shall be the date of filing of the
regional application under the ARIPO Protocol.
Publication of
certain
international and
regional
applications.
35. (1) The Managing Director shall publish —
(a)
an international application in which
Kenya is designated within two months
after the application enters the national
phase; and
(b)
a regional application in which Kenya is
designated within two months after Kenya
is notified of being designated in the
regional application under the ARIPO
Protocol.
(2) The publication of an application under
paragraph (1) shall be in the Kenya Gazette or in
the Industrial Property Journal.
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