ADVOKS GLOBAL · KENYA
Charter for Kenya Medical Research Institute, 2026
55. Ownership of intellectual property
Edition: 2025-07-21 · In force
55. Ownership of intellectual property
(1)All rights and obligations relating to an invention shall belong exclusively to the Institute or the sponsoring entity as the case maybe, subject to the Institute or sponsoring entity being fully responsible for any and all expenses in the generation of the innovation or invention, fees, and any other charges resulting from the application for, granting or maintenance of intellectual property rights.(2)Where an intellectual property right held by the Institute or sponsoring entity is not being worked or has not been licensed within two years from the date of the notification of the invention, the inventor may apply to succeed the intellectual property right or for a licence to work that intellectual property right on terms to be mutually agreed by the inventor and the Institute or sponsoring entity as the case may be.(3)All rights and obligations relating to any invention produced by an employee or associate of the Institute or sponsoring entity without making significant use of the time and resources of the Institute or sponsoring entity, and not subject to any agreement expressly stating otherwise, shall belong exclusively to the inventor or innovator.(4)Despite the provisions of this paragraph, ownership of a patent shall be forfeited to the relevant national body where the—(a)forfeiture is necessary in the interests of the security of the country; or(b)scientific innovation, invention, or patent is of strategic importance to the country in accordance with the relevant laws.