The Industrial Property Act, 2001 6 An Act of Parliament to provide for the promotion of inventive and innovative activities, to facilitate the acquisition of technology through the grant and regulation of patents, utility models, technovations and industrial designs, to provide for the establishment, powers and functions of the Kenya Industrial Property Institute and for purposes incidental thereto and connected therewith. ENACTED by the Parliament of Kenya as follows: PART 1 - PRELIMINARY Short title and commencement 1. This Act may be cited as the Industrial Property Act, 2001 and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint. Interpretation 2.In this Act, unless the context otherwise requires “application” means an application under this act for the grant of (a) a patent; (b) a certificate of utility model or technovation; or (c) registration of an industrial design. “ARIPO” means the African Regional Industrial Property Organization; “ARIPO Protocol” means the protocol on patents and industrial designs adopted at Harare on December 10, 1984; “Assistant Managing Director” means the Assistant Managing Director appointed under section 12 “Board” means the Board of Directors of the Kenya Industrial Property Institute constituted under section 6; “Court” means the High Court of Kenya; “Deputy Managing Director” means a Deputy Managing Director appointed under section 12; “Examiner means an examiner appointed under section 12; “Former Office” means the Kenya Industrial Property Office existing immediately before the commencement of this Act; “Industrial design” has the meaning assigned to it in section 84; “Industrial property rights” mean rights under patents, certificates of utility models and technovation and registration of industrial designs issued under

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