ADVOKS GLOBAL · KENYA
Industrial Property Act
107. Declaration of non-infringement
Edition: 2022-12-31 · In force
107. Declaration of non-infringement
(1)Subject to subsection (2), any person showing a legitimate interest may request the Tribunal to declare that the performance of any specific act does not infringe the patent or the registered utility model or industrial design and the owner and any licensee under the patent or the registered utility model or industrial design shall have the right to be a defendant in the proceedings.(2)No declaration under subsection (1) shall be made—(a)if the acts to which the request relates are already the subject of infringement proceedings; or(b)if the person making the request is unable to prove that he has previously demanded from the owner a written acknowledgement of the lawfulness of the acts referred to and that the owner has refused such demand or has failed to reply within fourteen days.