ADVOKS GLOBAL · KENYA
Industrial Property Act
74. Preconditions for grant of compulsory licences
Edition: 2022-12-31 · In force
74. Preconditions for grant of compulsory licences
(1)A compulsory licence shall not be granted unless for grant of the person requesting the licence—(a)satisfies the Tribunal that he has asked the owner of the patent for a contractual licence but has been unable to obtain the licence on reasonable commercial terms and within a reasonable time; and(b)offers guarantees satisfactory to the Tribunal to work the relevant invention sufficiently to remedy the deficiencies or to satisfy the requirements which gave rise to his request.(2)The requirement under subsection (1)(a) shall be waived in the case of a national emergency or other circumstances of extreme urgency, provided the owner of the patent shall be so notified as soon as is reasonably practicable.