ADVOKS GLOBAL · KENYA
Industrial Property Act
73. Compulsory licences based upon interdependence of patents
Edition: 2022-12-31 · In force
73. Compulsory licences based upon interdependence of patents
(1)Where a patented invention cannot be worked without infringing the rights derived from an earlier patent, the owner of the latter patent may request the Tribunal at any time for the grant of a compulsory licence with respect to the earlier patent to the extent necessary for the working of his invention, if the invention constitutes an important technical advance of considerable economic significance in relation to the invention claimed in the earlier patent.(2)The owner of the first patent shall be entitled to a cross-licence on reasonable terms to use the invention claimed in the second patent.(3)The use authorized in respect of the first patent shall be non-assignable except with the assignment of the second patent.(4)In this section, "earlier patent" or "first patent" means a patent granted on an earlier application or benefiting from an earlier validly claimed priority date, and "latter patent" or "second patent" shall be construed accordingly.