ADVOKS GLOBAL · KENYA
Industrial Property Act
92. Rights conferred by registration of industrial designs, etc
Edition: 2022-12-31 · In force
92. Rights conferred by registration of industrial designs, etc
(1)Registration of an industrial design shall confer upon its registered owner the right to preclude third parties from performing any of the following registration acts in Kenya—(a)reproducing the industrial design in the manufacture of a product;(b)importing, offering for sale and selling a product reproducing the protected industrial design; or(c)stocking of such a product for the purposes of offering it for sale or selling it.(2)The rights conferred by the registration of an industrial design shall extend only to acts done for industrial or commercial purposes and shall not extend to acts in respect of a product embodying the protected industrial design after the product has been lawfully imported or sold in Kenya.(3)The registered owner of an industrial design shall, in addition to any other rights, remedies or actions available to him, have the right to institute court proceedings against any person who infringes the industrial design by performing, without his consent, any of the acts referred to in subsection (1) or who performs acts which make it likely that infringement will occur.(4)Section 59 shall apply, with necessary modifications, with respect to industrial design applications or industrial designs registered under the Harare Protocol.