The Industrial Property Act, 2001 37 Property Journal. (6) The contents of the contract shall be confidential, unless both parties to the contract agree to permit access thereto by third parties and such access shall only be to the extent of the permission so granted. Remedies 71.An appeal against the decision of the Managing Director may be made to the Tribunal by the petitioner within two months of his refusal provided that the grounds of such an appeal shall be limited to the following: (a) that the decision of refusal contains no statement of the reasons for refusal; (b) that none of the reasons specified in the decision is a valid reason under this Act or that such reason was wrongly applied to the petitioner or to the licence contract; or (c) that the procedure applied by the Managing Director was irregular and prejudicial to the rights of the petitioner. Compulsory licences for nonworking and similar reasons 72. (1) At any time after four years from the filing date of an application or three years from the grant of a patent, whichever period last expires, any person may apply to the Tribunal for a licence to exploit the patented invention on the grounds that a market for the patented invention is not being supplied on reasonable terms in Kenya. (2) Notwithstanding subsection (1), a non-voluntary licence shall not be granted if the owner of the patent satisfies the Tribunal that circumstances exist which justify the fact that the market for the patented invention is not being supplied, or is not being supplied on reasonable terms, in Kenya. Compulsory licences based upon interdependence of patents 73. (1) Where a patented invention cannot be worked without infringing the rights derived from an earlier patent, the owner of the latter patent may request the Tribunal at any time for the grant of a compulsory licence with respect to the earlier patent to the extent necessary for the working of his invention, if the invention constitutes an important technical advance of considerable economic significance in relation to the invention claimed in the earlier patent. (2) The owner of the first patent shall be entitled to a cross-licence on reasonable terms to use the invention claimed in the second patent. (3) The use authorized in respect of the first patent shall be non-assignable except with the assignment of the second patent. (4) In this section, “earlier patent” or “first patent” means a patent granted on an earlier application or benefiting from an earlier validly claimed priority date, and “latter patent” or “second patent” shall be construed accordingly. Preconditions for grant of 74. (1) A compulsory licence shall not be granted unless the person requesting the licence:-

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