The Industrial Property Act, 2001 15 be prejudicial to the defence of Kenya, the Managing Director may give directions prohibiting or restricting the publication of that information or its communication to any specified person or persons. (2) If it appears to the Managing Director that any application so filed contains information the publication of which might be prejudicial to the safety of the public, he may give directions prohibiting or restricting the publication of that information or its communication to any specified person or persons until the end of a period not exceeding three months from the end of the period prescribed for the purposes of section 42. (3) Where directions under this section are in force with respect to any application: (a) if the application is made under this Act, it may be processed to the stage where it is in order for the grant of a patent, but shall not be published and any information relating thereto shall not be communicated and no patent shall be granted in pursuance of the application; (b) if it is an application for an ARIPO patent, it shall not be sent to the ARIPO Office; and (c) if it is an international application for a patent, a copy thereof shall not be sent to the International Bureau or to any international searching authority appointed under the Patent Co-operation Treaty. (4) Where the Managing Director gives instructions under this section with respect to any application, he shall give notice of the application and of the directions to the Minister responsible for defence or the concerned Minister and the following provisions shall then have effect: (a) the Minister responsible for defence or the concerned Minister shall, on receipt of the notice, consider whether the publication of the application or the publication or communication of the information in question would be prejudicial to the defence of Kenya or the safety of the public; (b) if the Minister responsible for defence or the concerned Minister determines that the publication of the application or the publication or communication of the information would be prejudicial to the safety of the public, he shall notify the Managing Director, who shall continue his directions under subsection (2) until they are revoked under paragraph (e); (c) if the Minister responsible for defence or the concerned Minister determines that the publication of the application, or the publication or communication of the information would be prejudicial to the defence of Kenya or the safety of the public, he shall, unless a notice under paragraph (d) has previously been given by the Minister responsible for defence or the concerned Minister to the Managing Director reconsider that question during the period of nine months from the date of filing the application and at least once in every subsequent period of twelve months;

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