(2) Before an exclusive licensee or sub-licensee institutes proceedings under subsection (1),
he shall give notice in writing to the owner of the copyright concerned, of his intention to do so, and
the owner may intervene in such proceedings and recover any damages he may have suffered as a
result of the infringement concerned or a reasonable royalty to which he may be entitled.
PART IV - INFRINGEMENT
35.(1) Copyright shall be infringed by a person who, without the licence of the owner of the
copyright
(a) does, or causes to be done, an act the doing of which is controlled by the copyright; or
(b) imports, or causes to be imported, otherwise than for his private and domestic use, an article
which he knows to be an infringing copy.
(2) The rights of a performer shall be infringed by a person who without the consent of the
performer
(a) does, or causes to be done, any act specified in section 30(1);or
(b) imports or causes to be imported, otherwise than for his own private or domestic use, an article
which he knows would have been made contrary to section 30 had it been made in Kenya by the
importer.
(3) Copyright and related rights shall be infringed by a person who
(a) circumvents any effective technical measure designed to protect works; or
(b) manufactures or distributes devices which are primarily designed or produced for the purpose of
circumventing technical measures designed to protect works protected under this Act; or
(c) removes or alters any electronic rights management information; or
(d) distributes, imports, broadcasts or makes available to the public, protected works, records or
copies from which electronic rights management information has been removed or has been altered
without the authority of the right holder.
(4) Infringement of any right protected under this Act shall be actionable at the suit of the
owner of the right and in any action for infringement the following reliefs shall be available to the
plaintiff
(a) the relief by way of damages, injunction, accounts or otherwise that is available in any
corresponding proceedings in respect of infringement of other proprietary rights;
(b) delivery up to the plaintiff of any article in the possession of the defendant which appears to the
court to be an infringing copy, or any article used or intended to be used for making infringing
copies;