The main object of this Act is to provide for the promotion of inventive and innovative activities, to facilitate the acquisition of technology through the grant and regulation of patent, utility model, technovation and industrial design. Section 3 of the Act establishes the Kenya Industrial Property Institute (KIPI). The Board of Directors of the institute has representatives from other stakeholders including representatives of the Kenya Industrial Research Development Institute (KIRDI), Kenya Association of Manufacturers (KAM), the Law Society of Kenya (LSK), Kenya Medical Research Institute (KEMRI), the public universities, Institution of Kenya Engineers (ISK) and Jua Kali Association.
This is the main implementation and administration agency. It liaises with other national, regional and transnational intellectual property offices, patent offices and international organizations that are involved in intellectual property protection. KIPI’s mandate includes: considering applications for and granting industrial property rights; screening technology transfer agreements and licences; providing to the public, industrial property information for technological and economic development; and promoting inventiveness and innovativeness in Kenya.
Under the Act, infringement arises either from counterfeiting of patented product or process or the outright exploitation of the patented invention without the permission of the patent owner. The Act provides for two types of remedies, civil and criminal. Civil remedies available to the patent owner include an injunction to prevent infringement where infringement is imminent or to prohibit the continuation of the infringement if started, damages depending on the loss suffered by patent owners, account for profit, delivery up and destruction of infringing articles. The Act also establishes the Industrial Property Tribunal to deal with cases of infringement. Section 109 of the Act also criminalises infringement on others patents, registered utility models or industrial designs. The penalty for this offence is a fine of between Kenya 10,000 thousands to Kenya shillings 50,000 and/or imprisonment of between three to five years.
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