The Industrial Property Act, 2001 17 designed and any other relevant circumstances. (7) If the applicant is dissatisfied with the amount of compensation paid to him under subsection (6), he may appeal to the Tribunal. (8) Where a patent is granted in pursuance of an application in respect of which directions have been given under this section, no maintenance fees shall be payable in respect of any period during which those directions remain in force. (9) A person who fails to comply with any direction under this section shall be liable, on conviction, to imprisonment for a term not exceeding two years, or to a fine not exceeding twenty thousand shillings, or to both. Restrictions on applications abroad by Kenya residents 28. (1) Subject to the provisions of this section, no person resident in Kenya shall, without written authority granted by the Managing Director, file or cause to be filed outside Kenya, an application for a patent for invention, unless: (a) an application for a patent for the same invention has been filed with the Institute not less than six weeks before the filing of the application outside Kenya; and (b) either no directions have been given under section 27 in relation to the application in Kenya or any such directions have been revoked. (2) Subsection (1) shall not apply to an application for a patent for an invention in respect of which an application for a patent has first been filed in a country outside Kenya by a person resident outside Kenya. (3) A person who files or causes to be filed an application for the grant of a patent in contravention of this section shall be liable on conviction, to a fine not exceeding twenty thousand shillings, or to an imprisonment for a term not exceeding two years, or to both. (4) In this section: (a) any reference to an application for a patent includes a reference to an application for other protection for an invention; (b) any reference to either kind of application is a reference to an application under this Act, under the law of any country other than Kenya or under any international treaty or convention to which Kenya is a party. Patents relating to living matter 29. (1) If an invention concerns a micro-biological process or the product thereof and involves the use of a micro-organism which is not available to the public and which cannot be described in the patent application in such a manner as to enable the invention to be carried out by a person skilled in the art, the invention shall only be regarded as being disclosed if: (a) a culture of the micro-organism has been deposited with a depository

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