The Industrial Property Act, 2001
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Washington on the 19th June, 1970;
“Priority date” means the date of the first application that serves as the basis
for claiming the right of priority provided for in the Paris Convention;
“Regulations” means regulations made under this Act;
“Self-replicable matter” means any matter possessing the genetic material
necessary to direct its own replication by way of a host organism or in any
other indirect way;
“Tribunal” means the Industrial Property Tribunal established under section
113;
“Utility model” means any form, configuration or disposition of element of
some appliance, utensil, tool, electrical and electronic circuitry, instrument,
handicraft mechanism or other object or any part of the same allowing a
better or different functioning, use, or manufacture of the subject matter or
that gives some utility, advantage, environmental benefit, saving or technical
effect not available in Kenya before and includes micro-organisms or other
self-replicable material, products of genetic resources, herbal as well as
nutritional formulations which give new effects.
PART II - ADMINISTRATION
Establishment
and incorporation
of Institute
3.There is hereby established an institute to be known as the Kenya
Industrial Property Institute which shall be a body corporate with perpetual
succession and a common seal and shall be capable, in its corporate name,
of: (a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging or disposing
of movable and immovable property;
(c) borrowing and lending money; and
(d) charging fees for services rendered by it;
(e) entering into contracts; and
(f) doing or performing all such other things or acts necessary for proper
performance of its functions under this Act which may lawfully be done by a
body corporate.
Headquarters
4.The Headquarters of the Institute shall be in Nairobi.
Functions of the
Institute
5.The functions of the Institute shall be to (a) consider applications for and grant industrial property rights;