Rev. 2009] Trade Marks CAP. 506 1993, and it includes all the amendments or revisions thereof; “International Bureau” means the International Bureau of the World Intellectual Property Organization, established by the convention signed at Stockholm on the 14th July, 1967; 41 and Protocol. 4 of 2002. “the Madrid Convention” means the Agreement relating to the International Registration of Marks, adopted in Madrid in April, 1891; “the Madrid Protocol” means the protocol relating to the Madrid Agreement adopted in Madrid on 27th June, 1989; “international trade mark” means a trade mark which is entitled to be protected in Kenya under the Madrid Agreement and the Madrid Protocol. 40C. (1) The Minister may, in rules, make appropriate provisions Rules regarding to give effect, in Kenya, to the provisions of the Banjul Protocol and regional and international the Madrid Agreement and the Madrid Protocol. (2) The rules referred to in subsection (1) may, in particular, provide for – applications. 4 of 2002. (a) the filing of applications for international registration of marks through the Institute; (b) the procedures to be followed where the basic application in Kenya fails or ceases to be in force; (c) the communication of information to ARIPO or the International Bureau; (d) the payment of fees in respect of applications for regional or international registration and renewals. 40D. (1) A trade mark in respect of which Kenya is a designated state, registered by ARIPO by virtue of the Banjul Protocol, shall have the same effect and enjoy the same protection in Kenya, as a trade mark registered under this Act, unless the Registrar communicates to ARIPO, in respect of the application, a decision in accordance with the provisions of that Protocol, that if a mark is registered by ARIPO, that mark shall have no effect in Kenya. (2) The Institute shall act as a receiving office, for the purpose of filing an application under the Banjul Protocol, where a regional application is filed with it and the applicant is a national or a resident Applications for registration of marks under the Banjul Protocol. 4 of 2002.

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