ADVOKS GLOBAL · KENYA
Industrial Property Act
77. Cancellation of compulsory licences
Edition: 2022-12-31 · In force
77. Cancellation of compulsory licences
(1)On the application of any interested party, the Tribunal may cancel a compulsory licence if—(a)the licensee fails to comply with the terms of the licence; or(b)the conditions which justified the grant of the licence have ceased to exist and are unlikely to recur; provided that the legitimate interests of the licensee are adequately protected.(2)On the application of the Cabinet Secretary, or on the application of the owner of the patent, the Tribunal may, cancel the compulsory licence if, within two years from the grant of the licence, the licensee has not taken the necessary steps to work the relevant invention sufficiently so as to remedy the deficiencies or to satisfy the requirements which gave rise to his application for the said licence.(3)On the application of the owner of the patent or the licensee, the Tribunal may vary the terms of a compulsory licence if new facts justify the variation and in particular if the patentee has granted contractual licence on more favourable terms.