The Industrial Property Act, 2001
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An Act of Parliament to provide for the promotion of inventive and
innovative activities, to facilitate the acquisition of technology through
the grant and regulation of patents, utility models, technovations and
industrial designs, to provide for the establishment, powers and
functions of the Kenya Industrial Property Institute and for purposes
incidental thereto and connected therewith.
ENACTED by the Parliament of Kenya as follows: PART 1 - PRELIMINARY
Short title and
commencement
1. This Act may be cited as the Industrial Property Act, 2001 and shall come
into operation on such date as the Minister may, by notice in the Gazette,
appoint.
Interpretation
2.In this Act, unless the context otherwise requires “application” means an application under this act for the grant of (a) a patent;
(b) a certificate of utility model or technovation; or
(c) registration of an industrial design.
“ARIPO” means the African Regional Industrial Property Organization;
“ARIPO Protocol” means the protocol on patents and industrial designs
adopted at Harare on December 10, 1984;
“Assistant Managing Director” means the Assistant Managing Director
appointed under section 12
“Board” means the Board of Directors of the Kenya Industrial Property
Institute constituted under section 6;
“Court” means the High Court of Kenya;
“Deputy Managing Director” means a Deputy Managing Director appointed
under section 12;
“Examiner means an examiner appointed under section 12;
“Former Office” means the Kenya Industrial Property Office existing
immediately before the commencement of this Act;
“Industrial design” has the meaning assigned to it in section 84;
“Industrial property rights” mean rights under patents, certificates of utility
models and technovation and registration of industrial designs issued under