The Industrial Property Act, 2001
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be prejudicial to the defence of Kenya, the Managing Director may give
directions prohibiting or restricting the publication of that information or its
communication to any specified person or persons.
(2) If it appears to the Managing Director that any application so filed
contains information the publication of which might be prejudicial to the
safety of the public, he may give directions prohibiting or restricting the
publication of that information or its communication to any specified person
or persons until the end of a period not exceeding three months from the end
of the period prescribed for the purposes of section 42.
(3) Where directions under this section are in force with respect to any
application: (a) if the application is made under this Act, it may be processed to the stage
where it is in order for the grant of a patent, but shall not be published and
any information relating thereto shall not be communicated and no patent
shall be granted in pursuance of the application;
(b) if it is an application for an ARIPO patent, it shall not be sent
to the ARIPO Office; and
(c) if it is an international application for a patent, a copy thereof shall not
be sent to the International Bureau or to any international searching authority
appointed under the Patent Co-operation Treaty.
(4) Where the Managing Director gives instructions under this section with
respect to any application, he shall give notice of the application and of the
directions to the Minister responsible for defence or the concerned Minister
and the following provisions shall then have effect: (a) the Minister responsible for defence or the concerned Minister shall, on
receipt of the notice, consider whether the publication of the application or
the publication or communication of the information in question would be
prejudicial to the defence of Kenya or the safety of the public;
(b) if the Minister responsible for defence or the concerned Minister
determines that the publication of the application or the publication or
communication of the information would be prejudicial to the safety of the
public, he shall notify the Managing Director, who shall continue his
directions under subsection (2) until they are revoked under paragraph (e);
(c) if the Minister responsible for defence or the concerned Minister
determines that the publication of the application, or the publication or
communication of the information would be prejudicial to the defence of
Kenya or the safety of the public, he shall, unless a notice under paragraph
(d) has previously been given by the Minister responsible for defence or the
concerned Minister to the Managing Director reconsider that question during
the period of nine months from the date of filing the application and at least
once in every subsequent period of twelve months;