Industrial Property Regulations, 2002 application is deemed to have been withdrawn or the patent lapses. (6) A notification under paragraph (5) shall be sent to the following persons — (a) the applicant or owner of the patent; and (b) every registered licensee. (7) The following apply with respect to a request under section 61(5) of the Act to restore an application or patent — (a) the request shall be in Form IP 17 and shall be accompanied by a statutory declaration or affidavit supporting the statements made in the request; (b) if after considering the request, the Managing Director is not satisfied that the failure to pay the annual fee was not intended, the Managing Director shall notify the person who made the request; (c) the person notified under subparagraph (b) may request a hearing with the Managing Director within sixty days after the date of the notification and, if the person does so, the Managing Director shall hear the person before finally deciding whether or not the Managing Director is satisfied, under section 61(6) of the Act, that the failure to pay the annual fee was not intended; and (d) if the Director makes an order restoring the application or patent — (i) paragraph (4) applies with respect to the payment of the annual fee under section 61(6) of the Act; and (ii) the Managing Director shall advertise the restoration of the application or patent in the Kenya Gazette or in the Industrial 27

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