The Industrial Property Act, 2001
31
under subsection (3).
(5) Within six months from the expiration of the grace period referred to in
subsection (2), any interested person may, upon payment of the prescribed
fee, request the Institute to restore an application that is deemed to have been
withdrawn, or a patent that has lapsed, by virtue of subsection (3).
(6) Upon a request under subsection (5), the Managing Director shall if
satisfied that the failure to pay the annual fee was not intended, subject to the
payment of the annual fee, make an order restoring the application or the
patent, as the case may be.
(7) Where a patent is restored, no proceedings shall be brought in respect of
the patent.
(a) with respect to any acts performed after the lapse of the patent and
before the date of the order for restoration; or
(b) with respect to any acts performed after the date of the order of
restoration in relation to articles imported into or manufactured in Kenya,
after the lapse of the patent and before the date of the order for restoration.
PART IX - CHANGE IN THE OWNERSHIP AND JOINT
OWNERSHIP OF APPLICATIONS AND PATENTS
Change in
ownership of
applications, etc.
62. (1) All contracts assigning applications or patents shall be in writing and
shall be signed by the parties thereto.
(2) Any change in the ownership of an application or a patent shall be
recorded in the patent register in accordance with, and on payment of a fee
fixed by the regulations and until the change has been recorded, any
document evidencing the change in ownership shall not be admitted in any
proceedings as evidence of the title of any person to an application or a
patent, unless the court otherwise directs.
Joint ownership
of applications
and patents
63. In the absence of any agreement to the contrary between the parties, joint
owners of an application or a patent may, separately, transfer their shares in
the application or the application or the patent, exploit the protected patent
and preclude any person from exploiting the patent but may only jointly
grant permission to any third person to do any of the acts referred to in
section 55.
PART X - CONTRACTUAL LICENCES
Rights of licensee
64. (1) In the absence of any provision to the contrary in the licence contract,
the licensee shall be entitled to do any of the acts referred to in section 54 in
respect of the invention, without limitation as to time, in the whole of Kenya
and in any field of use of the invention, utility model or industrial design.
(2) In the absence of any provision to the contrary in the licence contract, the