The Industrial Property Act, 2001 31 under subsection (3). (5) Within six months from the expiration of the grace period referred to in subsection (2), any interested person may, upon payment of the prescribed fee, request the Institute to restore an application that is deemed to have been withdrawn, or a patent that has lapsed, by virtue of subsection (3). (6) Upon a request under subsection (5), the Managing Director shall if satisfied that the failure to pay the annual fee was not intended, subject to the payment of the annual fee, make an order restoring the application or the patent, as the case may be. (7) Where a patent is restored, no proceedings shall be brought in respect of the patent. (a) with respect to any acts performed after the lapse of the patent and before the date of the order for restoration; or (b) with respect to any acts performed after the date of the order of restoration in relation to articles imported into or manufactured in Kenya, after the lapse of the patent and before the date of the order for restoration. PART IX - CHANGE IN THE OWNERSHIP AND JOINT OWNERSHIP OF APPLICATIONS AND PATENTS Change in ownership of applications, etc. 62. (1) All contracts assigning applications or patents shall be in writing and shall be signed by the parties thereto. (2) Any change in the ownership of an application or a patent shall be recorded in the patent register in accordance with, and on payment of a fee fixed by the regulations and until the change has been recorded, any document evidencing the change in ownership shall not be admitted in any proceedings as evidence of the title of any person to an application or a patent, unless the court otherwise directs. Joint ownership of applications and patents 63. In the absence of any agreement to the contrary between the parties, joint owners of an application or a patent may, separately, transfer their shares in the application or the application or the patent, exploit the protected patent and preclude any person from exploiting the patent but may only jointly grant permission to any third person to do any of the acts referred to in section 55. PART X - CONTRACTUAL LICENCES Rights of licensee 64. (1) In the absence of any provision to the contrary in the licence contract, the licensee shall be entitled to do any of the acts referred to in section 54 in respect of the invention, without limitation as to time, in the whole of Kenya and in any field of use of the invention, utility model or industrial design. (2) In the absence of any provision to the contrary in the licence contract, the

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