Conditions for registration

Conditions for registration

An industrial design is registrable if it is new. An industrial design is deemed to be new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form or, in Kenya by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration. However a disclosure of the industrial design is not taken into consideration if it occurred not earlier than twelve months before the filing date or, where applicable, the priority date of the application and if it was by reason or in consequence of:

  1. acts committed by the applicant or his predecessor in title; or
  2. an evident abuse committed by a third party in relation to the applicant or his predecessor in title.

Industrial designs that are contrary to public order or morality are not registrable.


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