ADVOKS GLOBAL · KENYA
Civil Aviation Act
62. Exemption from seizure of certain aircraft on patent claims
Edition: 2024-04-26 · In force
62. Exemption from seizure of certain aircraft on patent claims
(1)Any lawful entry into Kenya or any lawful transit across Kenya, with or without landing, of an aircraft to which this section applies shall not entail seizure or detention of the aircraft or any proceedings being brought against the owner or operator thereof or any other interference therewith by or on behalf of any person in Kenya on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model.(2)The importation into and storage in Kenya of spare parts and spare equipment for aircraft to which this section applies and the use and installation thereof in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Kenya on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model:Provided that this subsection shall not apply in relation to any spare parts or spare equipment, which are sold or distributed in Kenya or are, exported for sale or distribution.(3)This section shall apply--(a)to an aircraft registered in any country or territory in respect of which there is in force a notice made by the Cabinet Secretary and published in the Gazette, with a view to the fulfilment of the provisions of Article 27 of the Chicago Convention, that the benefits of those provisions apply to that country or territory; and(b)to such other aircraft as the Cabinet Secretary may prescribe.