The Industrial Property Act, 2001 58 this Act; “former Office” means the Kenya Industrial Property Office existing immediately before the commencement of this Act. 2. Where a patent was registered in Kenya under the former Act or where it was saved under Section 126(1) of that Act, and the privileges and rights conferred by the registration were effective immediately before the commencement of this Act, then, subject to this Schedule (a) such a patent shall be treated in Kenya as if it had been granted under this Act; (b) such a patent shall expire as regards Kenya when those privileges and rights could have expired if this Act had not been made; (c) such a patent may be revoked or invalidated only where those privileges and rights could be declared as not having been acquired in Kenya if this Act had not been made; (d) the certificate of registration, or a certified copy of such a patent, shall be admissible as prima facie evidence of the date and the fact of registration; and (e) an action for infringement of such a patent shall lie under this Act only if the alleged infringement occurred on or after the commencement of this Act, and in other cases may be instituted and disposed of as if this Act had not been enacted. 3. So far as is necessary for the purposes of paragraph 2, the Register of Patents under the former Act shall continue to be maintained and shall be deemed to be part of the register under this Act Cap510 4. Where the registered proprietor of a design registered in the United Kingdom under the Registered Designs Act, 1949 of the United Kingdom enjoyed the same privileges and rights in Kenya in respect of such a design under the provisions of the repealed United Kingdom Industrial Designs Act immediately before commencement of the former Act, such a design shall be deemed to have been registered under the former Act. 5.Applications for the grant of patents or the registration of utility models or industrial designs filed in Kenya between the date of the commencement of the former Act and the date of the commencement of this Act, shall be processed in accordance with the provisions of this Act and shall retain or be accorded the filing date or validly claimed priority date which was or would have been accorded under the former Act. 6.Section 62 of the Act shall not apply to licence contracts and contracts assigning the right to a patent or assigning applications or patents, provided that the said contracts were concluded before the commencement of this Act and are submitted for registration to the Managing Director within sixty days

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