The Industrial Property Act, 2001 51 owner with any other national or regional industrial property office, or in connection with any proceedings relating to the registration of the patent, utility model or the industrial design or other title or protection granted upon such application. (14) The notice of the application referred to in subsection (1) shall be served on any licensee under the patent, the utility model or the industrial design who is entitled to join the proceedings in the absence of any provision to the contrary in the licence contract. (15) Where, before or during the proceedings, it is alleged or it appears to the Tribunal that the right to the patent, the utility model or the industrial design belongs to a person who is not a party to the proceedings, notice of the application referred to in subsection (1) shall be served on that person and such person who shall be entitled to join in the proceedings. Effect of revocation or invalidation 104. (1) Any revoked or invalidated patent, utility model or industrial design or claim or part of a claim of a registered industrial design shall be regarded as null and void from the date of the grant of the patent or certificate of registration for the utility model or the industrial design. (2) As soon as the decision of the Tribunal is no longer subject to appeal, the Chairman of the Tribunal shall inform the Managing Director who shall register and publish it as soon as possible in the Kenya Gazette or in the Industrial Property Journal. PART XVI - INFRINGEMENT Acts constituting infringement 105. Subject to sections 58, 61(6), 72, 73, and 86, any act specified in section 54 or 92 and performed by a person other than the owner of the patent or of the registered utility model or industrial design without the owner’s authorization, in relation to a product or a process falling within the scope of a validly granted patent or certificate or registration shall constitute the infringement. Relief 106. On the request of the owner of the patent or the registered utility model or industrial design, the Tribunal shall grant the following relief: (a) an injunction to prevent infringement where infringement is imminent or to prohibit the continuation of the infringement, once infringement has started; (b) damages; or (c) any other remedy provided for in law. Declaration of non-infringement 107. (1) Subject to subsection (2), any person showing a legitimate interest may request the Tribunal to declare that the performance of any specific act does not infringe the patent or the registered utility model or industrial design and the owner and any licensee under the patent or the registered

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