of the owner of the patent, in relation to a product or a process falling within the scope of
a validly granted patent, shall constitute an infringement of the patent.
[s. 65]
67.
Relief
On the request of the owner of the patent, the court shall grant the following
relief–
(a) an injunction to prevent infringement where infringement is imminent, or to
prohibit the continuation of the infringement, once infringement has started;
(b) damages; and
(c) any other remedy provided for in the civil law.
[s. 66]
68.
Declaration of non-infringement
(1) Subject to subsection (2) of this section, any person showing a legitimate
interest may request the court to declare that the performance of any specific act does
not infringe the patent and the owner of the patent and any licensee under the patent
shall have the right to be defendant in the proceedings.
(2) No declaration under subsection (1) shall be made–
(a) if the acts to which the request relates are already the subject of infringement
proceedings; or
(b) if the person making the request is unable to prove that he has previously
demanded from the owner of the patent a written acknowledgement of the
lawfulness of the acts referred to and that the owner of the patent has refused
such demand or has failed to reply within a reasonable time.
[s. 67]
69.
Threat of infringement proceedings
(1) Any person threatened with infringement proceedings who can prove that the
acts performed or to be performed by him do not constitute infringement or the patent
may request the court to grant an injunction to prohibit such threats and to award
damages for financial loss resulting from the threats.
(2) The mere notification of the existence of a patent shall not constitute threat
within the meaning of subsection (1).
[s. 68]
70. Criminal proceedings (1) Any person who intentionally infringes a patent shall be
guilty of an offence and shall, on conviction be liable to a fine not exceeding five hundred
thousand shillings or to a term of imprisonment of five years or to both that fine and
imprisonment and forfeiture of the goods made through that patent.
(2) In the event of recidivism, the maximum penalties shall be doubled.
(3) Recidivism shall be deemed to have occurred within the preceding five years,
the offender has been convicted of infringement of a patent.
[s. 69]
71.
Presumption of use of patented process
If a patent relates to a process for the manufacture of a product showing novel
features, such a product shall, in the absence of proof to the contrary, be presumed to
have been manufactured by that process.
[s. 70]
72.
Legal proceedings by licensee