ADVOKS GLOBAL · KENYA
Industrial Property Act
58. Limitation of rights
Edition: 2022-12-31 · In force
58. Limitation of rights
(1)The rights under the patent shall extend only to acts done for industrial or commercial purposes and in particular not to acts done for scientific research.(2)The rights under the patent shall not extend to acts in respect of articles which have been put on the market in Kenya or in any other country or imported into Kenya by the owner of the patent or with his express consent.(3)The rights under the patent shall not extend to the use of articles on aircraft, land vehicles or vessels of other countries which temporarily or accidentally enter the airspace, territory or waters of Kenya.(4)The rights under the patent shall be limited by the provisions of the terms of the patent.(5)The rights under the patent shall be limited by the provisions on compulsory licences for reasons of public interest or based on interdependence of patents and by the provisions on State exploitation of patented inventions.(6)The rights of the patent shall not extend to variants or mutants of living forms or replicable living matter that is distinctively different from the original for which patents were obtained where such mutants or variants are deserving of separate patents.