ADVOKS GLOBAL · KENYA
Government Proceedings Act
5. Provisions as to industrial property
Edition: 2022-12-31 · In force
5. Provisions as to industrial property
(1)Where, after the commencement of this Act, any servant or agent of the Government infringes a patent, or infringes a registered trade mark, or infringes any copyright (including any copyright in a design subsisting under the Registered Designs Act, 1949, (12,13, & 14 Geo. 6 c. 88.) of the United Kingdom) and the infringement is committed with the authority of the Government, then, subject to the provisions of this Act, civil proceedings in respect of the infringement shall lie against the Government.(2)Nothing in subsection (1) of this section or any other provision of this Act shall affect the rights of any Government department under section 46 of the Patents Act, 1949, (12, 13, 14 Geo. 6 c. 87.) or under section 12 of, and the First Schedule to, the Registered Designs Act, 1949, of the United Kingdom.(3)Save as expressly provided by this section, no proceedings shall lie against the Government by virtue of this Act in respect of the infringement of a patent, in respect of the infringement of a registered trade mark, or the infringement of any copyright as is mentioned in subsection (1).