ADVOKS GLOBAL · KENYA
Industrial Property Act
68. Petition for registration
Edition: 2022-12-31 · In force
68. Petition for registration
(1)All licence contracts, including modifications thereof, shall be submitted to the Institute for registration in the patent register.(2)A petition for registration under subsection (1) may be made by any party to the contract, and shall be accompanied by such documents and fees as may be prescribed.(3)The Managing Director shall issue to the applicant a receipt, which shall be proof of the fact of filing the petition and of the date on which it was filed and if no receipt is issued within fourteen days from the date of the petition, the petitioner may rely on other evidence to prove the fact and date.(4)Where—(a)section 67 or subsections (2) to (4) of this section, and the rules relating thereto, have not been complied with; or(b)the licence contract cannot be registered under section 69,the Managing Director shall refuse to register the licence contract, stating the reasons for such refusal.(5)Before refusing to register the licence contract, the Managing Director shall notify the petitioner and allow the parties—(a)to submit the observations, if any;(b)to correct any defect in the petition; or(c)to amend any term, or to correct any defect, in the licence contract that has been declared by the Managing Director to be a term or defect precluding registration, within forty-five days from the date of the notification.(6)A licence contract shall be void if the registration has been refused by the Managing Director in accordance with the provisions of this Act.