The Industrial Property Act, 2001 46 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) An industrial design in respect of which Kenya is a designated State registered by ARIPO by virtue of the ARIPO Protocol shall have the same effect in Kenya as an industrial design registered under this Act unless the Managing Director has communicated to ARIPO, in respect of an application thereof, a decision in accordance with the provisions of the ARIPO Protocol that if a registration is made by ARIPO that registration shall have no effect in Kenya. Transfer and assignment of industrial designs; licences 93. (1) Rights subsisting in an industrial design may be transferred in whole or in part. (2) The provisions of sections 62, 63, 64, 68 and 70 shall apply mutates mutandis to this Part. PART XIV - TECHNOVATIONS Definitions 94. For the purposes of this Part: - (a) “technovation” means a solution to a specific problem in the field of technology, proposed by an employee of an enterprise in Kenya for use by that enterprise, and which relates to the activities of the enterprise but which, on the date of the proposal, has not been used or actively considered for use by that enterprise; (b) “employee” and “enterprise” mean the employee and the enterprise referred to in paragraph (a), and where several enterprises are owned or operated by one person, all such enterprises shall be considered as one enterprise; (c) “date of the proposal” means the date on which the employee makes a request in accordance with section 96; (d) “technovation certificate” means the document issued by the enterprise in accordance with section 95; (e) “technovator” means an employee to whom the enterprise has issued a technovation certificate. Right to technovation certificate 95. (1) Subject to subsection (2), any employee of the enterprise on the date of the proposal shall be entitled to a technovation certificate as provided for in this Part.