The Industrial Property Act, 2001
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English, subsection (1) shall apply where the applicant had transmitted an
English translation of the international publication to the infringer and only
in respect of acts committed by the latter after he had received such
translation.
Publication of
international
applications
52.Publication under Article 21 of the Patent Co-operation Treaty, an
international application in which Kenya is designated for a national patent
shall be treated as publication in terms of the provisions of section 42.
PART VII - RIGHTS AND OBLIGATIONS OF THE
APPLICANT OR THE OWNER OF THE INVENTION
Right and
obligations
53. (1) The applicant or the owner of the invention shall have the following
rights: (a) to be granted the patent, where the relevant requirements under this Act
are fulfilled;
(b) after the grant of the patent and within the limits defined in section 58 to
preclude any person from exploiting the patented invention in the manner
referred to in section 53; and
(c) to conclude licence contracts as provided for in Part X of this Act, and
subject to the obligations referred to in subsection (2).
(2) The applicant or the owner of the invention shall have the following
obligations (a) to disclose the invention in a clear and complete manner, and in
particular to indicate at least one mode for carrying out the invention, in
accordance with the requirements, and subject to the sanctions, applicable
under this Act;
(b) to give information concerning corresponding foreign applications and
grants;
(c) to pay fees to the Managing Director, as prescribed in this Act and the
regulations, subject to the sanctions provided for therein; and
(d) in connection with licence contracts and contracts assigning patents or
patent applications, to refrain from making undesirable provisions referred
to in section 69.
Rights of owner
of patent
54.The owner of the patent shall have the right to preclude any person from
exploiting the protected invention by any of the following acts (a) when the patent has been granted in respect of a product (i) making, importing, offering for sale, selling and using the product; or
(ii) stocking such product for the purposes of offering it for sale, selling or
using the product;