ADVOKS GLOBAL · KENYA
Industrial Property Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In this Act, unless the context otherwise requires—"application" means an application under this Act for the grant of—(b)a certificate of utility model or technovation; or(c)registration of an industrial design."ARIPO" means the African Regional Industrial Property Organisation;"Assistant Managing Director" means the Assistant Managing Director appointed under section 12;"Board" means the Board of Directors of the Kenya Industrial Property Institute constituted under section 6;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to the Institute;"Court" means the High Court of Kenya;"Deputy Managing Director" means a Deputy Managing Director appointed under section 12;"examiner" means an examiner appointed under section 12;"former Office" means the Kenya Industrial Property Office existing immediately before the commencement of this Act;"Harare Protocol" means the protocol on patents and industrial designs adopted at Harare on 10th December 1982;"industrial design" has the meaning assigned to it in section 84;"Industrial Property Journal" means a journal published by the Institute mainly for the purpose of advertising industrial property applications and for publishing other matters required to be published under the Act;"industrial property rights" mean rights under patents, certificates of utility models and include technovation and registration of industrial designs issued under this Act;"innovation" means utility models, technovation models, and industrial designs and any other non-patentable creations or improvements that may be deemed as deserving specified intellectual property rights;"Institute" means the Kenya Industrial Property Institute established under section 3;"International Bureau" means the International Bureau of the World Intellectual Property Organisation established by the convention signed at Stockholm on the 14th July, 1967;"international classification" as regards industrial designs, means classification in accordance with the Locarno Agreement of October, 1968, establishing an international classification for industrial designs;"international-type search" means a search similar to an international search provided under Article 15 of the Patent Cooperation Treaty;"invention" means a new and useful art (whether producing a physical effect or not), process, machine, manufacture or composition of matter which is not obvious, or any new and useful improvement thereof which is not obvious, capable of being used or applied in trade or industry and includes an alleged invention;"inventor" means the person who actually devises the invention as defined in section 21 and includes the legal representative of the inventor;"licence contract" means a contract or agreement by which a person grants permission to use his industrial property rights;"licensee" means a licensee under a contract registered or deemed to have been registered under this Act;"licensor" means a party to the licence contract who grants the permission;"Managing Director" means the Managing Director of the Institute appointed under section 11;"National Commission for Science, Technology and Innovation" has the meaning assigned to it under the Science, Technology and Innovation Act, 2013;"Paris Convention" means the Paris Convention for the Protection of Industrial Property, of 20th March, 1883, as last revised;"Patent Co-operation Treaty" means the treaty of that name signed at Washington on the 19th June, 1970;"priority date" means the date of the first application that serves as the basis for claiming the right of priority provided for in the Paris Convention;"regulations" means regulations made under this Act;"self-replicable matter" means any matter possessing the genetic material necessary to direct its own replication by way of a host organism or in any other indirect way;"Tribunal" means the Industrial Property Tribunal established under section 113;"utility model" means any form, configuration or disposition of element of some appliance, utensil, tool, electrical and electronic circuitry, instrument, handicraft mechanism or other object or any part of the same allowing a better or different functioning, use, or manufacture of the subject matter or that gives some utility, advantage, environmental benefit, saving or technical effect not available in Kenya before and includes micro-organisms or other self- replicable material, products of genetic resources, herbal as well as nutritional formulations which give new effects.