ADVOKS GLOBAL · KENYA
Industrial Property Act
98. Use of technovation
Edition: 2022-12-31 · In force
98. Use of technovation
(1)Where the enterprise issues a technovation certificate, it shall, at the same time, notify the technovator, in writing, whether or not it intends to use the technovation.(2)Where the decision to make use of the technovation depends on testing the technovation in practice, the enterprise shall inform the technovator accordingly and may postpone the notification of its intention to use or not to use the technovation by not more than a year from the date of the proposal.(3)The technovator shall be obliged to assist the enterprise, to the best of his ability, in any testing, development or use of the technovation.(4)The enterprise shall be obliged to give adequate opportunity to the technovator to furnish the assistance referred to in subsection (3).(5)Once the technovation certificate has been issued, the technovator, shall not communicate his technovation to anyone other than the enterprise and shall not use it.(6)Where the enterprise declares that it does not intend to use the technovation or where the enterprise, having declared its intention to use the technovation, does not in fact start using it within six months from the issuance of the technovation certificate or the expiration of the time limit referred to in subsection (2), the technovator shall be exempted from the obligations referred to in subsections (3) and (4):Provided that the technovator shall have the right to communicate his technovation to others only to the extent that such communication does not entail the communication of any know how or other knowledge that has acquired as an employee.