ADVOKS GLOBAL · KENYA
Industrial Property Act
55. Enforcement of rights
Edition: 2022-12-31 · In force
55. Enforcement of rights
The owner of a patent shall have the right—(a)to obtain an injunction to restrain the performance or the likely performance, by any person without his authorization, of any of the acts referred to in section 54; and(b)to claim damages from any person who, having knowledge of the patent, performed any of the acts referred to in section 54, without the owner’s authorization;(c)to claim compensation from any person who, without his authorization, performed any of the inventions, claimed in the published application, as if a patent had been granted for that invention:Provided that the said person, at the time of the performance of the act, had—(i)actual knowledge that the invention that he was using was the subject matter of a published application; or(ii)received written notice that the invention that he was using was the subject matter of a published application, such application being identified in the said notice by its serial number.