FORM IPT 1
|
|
|
|
[Rule 5(3)(a).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
NOTICE OF AN APPEAL UNDER SECTION 27(7) OF THE ACT
This is a notice of appeal to the Industrial Property Tribunal.
Name and address for service of appellant:
|
Decision appealed against:
|
If only part of the decision is appealed against , description of that part of the decision:
|
Order or other relief sought:
|
Names and addresses or other parties to the appeal:
|
Signature of appellant or agent: .......................................................
Date: ..........................................................................
FORM IPT 2
|
|
|
|
[Rule 5(3)(b).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
NOTICE OF AN APPEAL FROM A DECISION OF THE MANAGING DIRECTOR UNDER SECTION 71 OF THE ACT
This is a notice of appeal to the Industrial Property Tribunal.
Names and address for service of appellant:
|
Decision appealed against:
|
If only part of the decision is appealed against, description of that part of the decision:
|
Order or other relief sought:
|
Names and addresses of other parties to the appeal:
|
Signature of appellant or agent: .........................................................
Date: ...........................................................
FORM IPT 3
|
|
|
|
[Rule 5(3)(c).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
NOTICE OF AN APPEAL FROM A DECISION OF THE MINISTER UNDER SECTION 80(11) OF THE ACT
This is a notice of appeal to the Industrial Property Tribunal.
Name and address for service of appellant:
|
Decision appealed against:
|
If only part of the decision is appealed against, description of that part of the decision
|
Order or other relief sought:
|
Names and addresses of other parties to the appeal:
|
Signature of appellant or agent: .........................................................
Date: ...........................................................
FORM IPT 4
|
|
|
|
[Rule 5(3)(d).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
NOTICE OF AN APPEAL FROM A DECISION OF THE ARBITRATION BOARD UNDER SECTION 101(3) OF THE ACT
This is a notice of appeal to the Industrial Property Tribunal.
Name and address for service of appellant:
|
Decision appealed against:
|
If only part of the decision is appealed against, description of that part of the decision
|
Order or other relief sought:
|
Names and addresses of other parties to the appeal:
|
Signature of appellant or agent: .........................................................
Date: ..........................................................................
FORM IPT 5
|
|
|
|
[Rule 5(3)(e).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
NOTICE OF AN APPEAL FROM A DECISION OF THE MANAGING DIRECTOR (OTHER THAN A DECISION UNDER SECTION 71 OF THE ACT)
This is a notice of appeal to the Industrial Property Tribunal
Name and address for service of appellant:
|
Decision appealed against:
|
If only part of the decision is appealed against, description of that part of the decision
|
Order or other relief sought:
|
Names and addresses of other parties to the appeal:
|
Signature of appellant or agent: .................................................
Date: ...........................................................
FORM IPT 6
|
[Rules 9(2), 10(5), 12(5), 13(5), 15(5), 17(2), 20(5), 21(5), 22(5), 33(7), 38(5) & 39(4).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
REPLY/COUNTER-STATEMENT
In the matter of
This is a reply/counter-statement to the appeal, appreciation or request described above.
Name and address for service of person filing the reply/counter-statement:
Grounds of opposition:
Signature of person filing reply/counter-statement
or agent: .......................................................
Date: ...........................................................
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
APPLICATION FOR AN ORDER OF THE TRIBUNAL UNDER SECTION 66 OF THE ACT
This is an application for an order of the Tribunal under 66 of the Act.
Name and address for service of applicant:.
|
Description of licence contract with respect to which the application relates:.
|
Description of patent application or patent referred to in licence contract:.
|
I, the applicant declare that (tick the relevant box):The application has been withdrawn;The application has been finally rejected; or The patient has been finally revoked or declared invalid.
|
Name and address of person against whom order is sought:.
|
A statement of the facts relied upon is attached.
Signature of applicant or agent: ................................................
Date: ....................................................................
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
APPLICATION FOR A COMPULSORY LICENCE UNDER SECTION 72(1) OF THE ACT OR REQUEST FOR A COMPULSORY LICENCE UNDER SECTION 73(1) OF THE ACT
This is (tick the relevant box): □
An application for a compulsory licence under section 72(1) of the Act: □
a request for a compulsory licence under section 73(1) of the Act: □
Name and address for service of applicant or requester:.
|
Description of patent or patent application under which the compulsory licence is sought:.
|
A statement of the facts relied upon and supporting evidence, by way of a statutory declaration of affidavit, is attached.
Signature of applicant or requester or agent: .........................................................
Date: ...........................................................
(Rule 11(7))
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
REPLY TO AN APPLICATION FOR A COMPULSORY LICENCE UNDER SECTION 72(1) OF THE ACT OR REQUEST FOR A COMPULSORY LICENCE UNDER SECTION 73(1) OF THE ACT
This is a reply to the application or request for a compulsory licence described above.
Name and address for service of person filing the reply:.
|
A statement of the facts relied upon and supporting evidence, by way of a statutory declaration of affidavit, is attached.
Signature of person filing reply or agent: ............................................
Date: ........................................................................
FORM IPT 10
|
|
|
|
[Rule 12(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
APPLICATION FOR CANCELLATION OF A COMPULSORY LICENCE UNDER SECTION 77(1) OR (2) OF THE ACT
This is an application for the cancellation of a compulsory licence under (tick the relevant box):
Section 77(1) of the Act:
Section 77(2) of the Act:
Name and address for service of applicant:.
|
Licence for which application is made for cancellation:Date of issue of licence:Patent number:
|
Grounds on which the application is based:.
|
Name and addresses of other parties:.
|
A statement of the facts relied upon is attached.
Signature of applicant or agent: .........................................................
Date: ...........................................................
FORM IPT 11
|
|
|
|
[Rule 13(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
APPLICATION FOR VARIATION OF TERMS OF A COMPULSORY LICENCE UNDER SECTION 77(3) OF THE ACT
This is an application for variation of the terms of a compulsory licence under section 77(3) of the Act.
Name and address for service of applicant:.
|
Licence for which application is made for variation of terms:Date of issue of licence:Patent number:
|
Variation of terms being sought:.
|
Grounds on which the application is based:.
|
Name and addresses of other parties:.
|
A statement of the facts relied upon is attached.
Signature of applicant or agent: .........................................................
Date: ...........................................................
INDUSTRIAL PROPERTY ACT, 2001
To: The Managing Director
Kenya Industrial Property Institute
INSTRUCTION UNDER SECTION 78 OF THE ACT TO RECORD A GRANT, CANCELLATION OR VARIATION
The Industrial Property Tribunal has granted, cancelled or varied the terms of a compulsory licence.
The specifics of the grant, cancellation or variation are set out in the attached document.
The Tribunal hereby instructs you to record the appropriate particulars in the patent register upon a petition for registration being made under section 78 of the Act by one of the parties to the contract.
Signature of Chairman of Tribunal: ..........................................................
Date: ................................................................................
FORM IPT 13
|
|
|
|
[Rule 15(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
APPLICATION FOR FIXING TERMS OF A NON-EXCLUSIVE LICENCE UNDER SECTION 79(5) OF THE ACT
This is an application to have the Tribunal fix the terms of a non-exclusive licence under section 79(5) of the Act.
Name and addresses for service of applicant:.
|
Patent to which application relates:Patent number:
|
Name and addresses of other parties:.
|
Signature of applicant or agent: ..........................................................
Date: ................................................................................
FORM IPT 14
|
|
|
|
[Rule 16(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
REQUEST UNDER SECTION 103(1) OR (2) OF THE ACT FOR REVOCATION OR INVALIDATION OF A PATENT OR UTILITY MODEL OR INDUSTRIAL DESIGN REGISTRATION
This is a request for the revocation or invalidation of a patent or utility model or industrial design registration on under section 103(1) or (2) of the Act.
If this request is made in an existing proceeding, set out a description of the proceeding:.
|
Name and address for service of requester:.
|
Patent or utility model or industrial design registration for which revocation or invalidation is requested:Date of issue of patent or registration:Patent or registration number:
|
Grounds on which the request if based:.
|
Names and addresses of other parties:.
|
The following are attached as required under section 103(4)(b) of the Act:
1. a statement setting out particulars of the facts alleged in support of the grounds; and
2. proof of service, on the owner of the patent, of notice of filing of this request.
Signature of requester or agent: ................................................
Date: ..........................................................................................
INDUSTRIAL PROPERTY ACT, 2001
To: The Managing Director
Kenya Industrial Property Institute
INFORMATION, UNDER SECTION 104(2) OF THE ACT, OF TRIBUNAL DECISION
I hereby inform you, under section 104(2) of the Act, of the decision of the Tribunal, set out in the attached document. The decision is no longer subject to appeal.
Section 104(2) of the Act requires you to register and publish this decision.
Signature of Chairman of Tribunal: ..........................................................
Date: ................................................................................
FORM IPT 16
|
|
|
|
[Rule 20(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
REQUEST UNDER SECTION 106 OF THE ACT
This is a request under section 106 of the Act.
Name and address for service of requester:.
|
Patent, registered utility model or industrial design which requester owns and in respect of which relief is sought:Date of issue:Patent or registration number:
|
Names and addresses of person against whom relief is sought..
|
A statement of the facts relied upon is attached.
Signature of applicant or agent: ..........................................................
Date: ................................................................................
FORM IPT 17
|
|
|
|
[Rule 21(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
REQUEST UNDER SECTION 107 (1) OF THE ACT FOR A DECLARATION OF NON-INFRINGEMENT
This is a request under section 107(1) of the Act for a declaration that the performance of a specific act does not infringe a patent or registered utility model or industrial design.
Name and address for service of requester:.
|
Patent, registered utility model or industrial design in respect of which the declaration is sought:Date of issue:Patent or registration number:
|
Names and addresses of owner of patent or registered utility model or industrial design and any licensees:.
|
A statement of the facts relied upon is attached.
Signature of requester or agent: ..........................................................
Date: ................................................................................
FORM IPT 18
|
|
|
|
[Rule 22(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
REQUEST UNDER SECTION 108 (1) OF THE ACT FOR AN INJUNCTION AND DAMAGES
This is a request under section 108(1) of the Act for an injunction and damages relating to threats of infringement proceedings.
Name and address for service of requester:.
|
Patent registered utility model or industrial design in respect of which the threat of infringement proceedings was made:Date of issue:Patent or registration number:
|
Names and address of person threatening infringement proceedings:.
|
A statement of the facts relied upon is attached.
Signature of requester or agent: ..........................................................
Date: ................................................................................
FORM IPT 19
|
|
|
|
[Rule 29(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
NOTICE OF A WITHDRAWAL OF AN APPEAL, APPLICATION OR REQUEST
This is a notice that the appeal, application or request described above is being withdrawn.
Name and address for service of person who made the appeal, application or request being withdrawn:
|
Names and address for service of other party:.
|
Signature of person withdrawing the appeal, application or request or his agent: ...........
Date: ...............................................................
FORM IPT 20
|
|
|
|
[Rule 32(2).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
PROOF OF SERVICE
I ............................... of .................... hereby certify that at (see note 1) ................. on the .......... day of ............., 20 ........ at ............ o’clock in the ....................., I served the documents, copies of which are attached, on ................ by (see note 2) .............
Dated at ........................ this ................... day of ...................., 20 .............
Signature (see note 3): ................................................
Notes:
1. State precisely where service was effected.
2. Describe the method of service used.
3. To be signed by the person effecting service.
FORM IPT 21
|
|
|
|
[Rule 33(2).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
APPLICATION FOR EXTENSION OF TIME LIMIT
This is an application for an extension of a time limit.
Name and address for service of applicant:.
|
Description of the matter with respect to which the time limit relates:.
|
Grounds on which the application is based:.
|
Name and addresses of other parties:.
|
A statutory declaration of affidavit supporting this application is attached.
Signature of applicant or agent: ......................................
Date: ................................................................................
Extension granted:
.........................................................................................
Signature of Secretary of Tribunal: ...................................
Date: .....................................................................................
FORM IPT 22
|
|
|
|
[Rule 36(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
APPLICATION FOR AN ORDER UNDER SECTION 114(1) OF THE ACT
This is an application for an order under section 114(1) of the Act.
Name and address for service of applicant:.
|
Name and addresses for service of other parties:.
|
A statutory declaration of affidavit supporting this application is attached.
Signature of applicant or agent: ......................................
Date: ................................................................................
FORM IPT 23
|
|
|
|
[Rule 38(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
APPLICATION TO HAVE EMPLOYEE’S REMUNERATION FOR INVENTION FIXED
This is an application to have the Tribunal fix remuneration under section 32(4) of the Act.
Name and address for service of applicant:.
|
Patent to which application relates:Patent number:
|
Remuneration being sought:.
|
Name and addresses for service of other parties:.
|
Signature of applicant or agent: ..........................................................
Date: ................................................................................
FORM IPT 24
|
|
|
|
[Rule 39(1).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
REFERENCE OF A MATTER BY THE MANAGING DIRECTOR UNDER SECTION 118(1) OF THE ACT
This is a reference of a matter by the Managing Director to the Tribunal under section 118(1) of the Act.
Description of the matter being referred and directions sought:.
|
Name and addresses of other parties:.
|
Signature of Managing Director: ..........................................................
Date: ................................................................................
INDUSTRIAL PROPERTY ACT, 2001
APPOINTMENT OF AN ASSESSOR UNDER SECTION 116 OF THE ACT
I hereby appoint ...................................................................., under section 116 of the Act, to act as an assessor in an advisory capacity in the following case:
..........................................................................................................................
..........................................................................................................................
Signature of Chairman of Tribunal: ...................................................
Date: ...................................................................................................
FORM IPT 26
|
|
|
|
[Rule 41(2).]
|
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
APPOINTMENT OF AN AGENT
Name and address of person appointing agent:.
|
Name and address of agent:.
|
Matter in respect of which agent is appointed:.
|
I/We, the person(s) identified above, have appointed the above agent to act on my/our behalf in the matter described above and request that all communications relating thereto be sent to the agent at his address given above.
I/We revoke all previous appointments in respect of the same matter.
Signature of person appointing agent: ...............................................
Date: ...................................................................................................
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary
Industrial Property Tribunal
ORDER FORM FOR COPY OF DOCUMENT
Name and address of person seeking copy:.
|
I wish to obtain a copy of a document of the following type (tick the relevant box):
a judgment or order of the Tribunal or other document used in a proceeding before the Tribunal □
another document
Description of document:
I wish to have the copy of the document certified (tick the relevant box):
Yes □
No □
Signature of person seeking copy: ..................................................
Date: .................................................................................................