ADVOKS GLOBAL · KENYA
Industrial Property Act
70. Registration of the contract and issue of certificate
Edition: 2022-12-31 · In force
70. Registration of the contract and issue of certificate
(1)Where the Managing Director finds that the contract may be registered, he shall register the contract and issue a certificate of registration to the petitioner.(2)If the Managing Director fails—(a)to notify the petitioner of defects in the petition or of terms or defects precluding registration of the licence contract, within ninety days of the date of the petition; or(b)to notify the petitioner of his decision to refuse to register the licence contract, within ninety days of the date of notification referred to in paragraph (a),the licence contract shall be deemed to have been registered and the Managing Director shall issue a certificate of registration to the petitioner.(3)The registration shall take effect—(a)if the petition was made within sixty days from the conclusion of the contract, on the date of the conclusion of the contract; and(b)in all other cases, on the date of the petition.(4)When the petition is corrected or the licence contract is amended under section 68(5), the petition shall be deemed to have been received on the date when the correction or amendment was made.(5)The registration and the certificate shall state—(a)the name of the parties to the contract and of the licensee if he is not a party;(b)the date of the petition;(c)the date of the registration; and(d)the registration number,all of which shall be published in the Kenya Gazette or in the Industrial Property Journal.(6)The contents of the contract shall be confidential, unless both parties to the contract agree to permit access thereto by third parties and such access shall only be to the extent of the permission so granted.