ADVOKS GLOBAL · KENYA
Industrial Property Act
59. Regional applications, grants and registrations under the Harare Protocol
Edition: 2022-12-31 · In force
59. Regional applications, grants and registrations under the Harare Protocol
(1)For the purposes of this section—"regional application" means an application for a patent, utility model or industrial design filed in accordance with the Harare Protocol and the regulations made thereunder;"receiving office" has the meaning assigned to it by the Harare Protocol;"designated office" has the meaning assigned to it by the Harare Protocol;"designate" has the meaning assigned to it by the Harare Protocol;(2)The Institute shall act as a receiving office where Kenya is designated in a regional application.(3)The Institute shall act as a designated office where Kenya is designated in a regional application.(4)The functions of the Institute under this section shall be performed in accordance with the provisions of this Act and the Harare Protocol;Provided that in case of conflict, the provisions of this Act shall apply.(5)A patent, utility model or industrial design granted or registered under the Harare Protocol and in which Kenya is designated shall be treated as if it were granted or registered under this Act.(6)For purposes of subsection (5)—(a)the owner of the patent, utility model or industrial design shall have the same rights and remedies and be subject to the same conditions as the owner of a patent, utility model or industrial design granted or registered under this Act; and(b)the provisions of this Act relating to surrender, revocation, infringement and rectification of registers shall apply, with necessary modifications, to the patent, utility model or industrial design.(7)The requirements and procedures under this section shall be prescribed in regulations.