IP Case Law library

Facts

This was an appeal from the Industrial Property Tribunal's 21 January 2014 ruling revoking Sanitam's ARIPO Patent AP773, following a revocation application filed by the respondents in 1999. Sanitam appealed solely on the ground that the Tribunal lacked jurisdiction to revoke an ARIPO-granted patent.

Issues

Whether the Industrial Property Tribunal had jurisdiction to revoke an ARIPO patent; whether revocation power was reserved exclusively to ARIPO's Board of Appeal; and the effect of Sanitam's eleven-year delay in raising the objection.

Rule

Industrial Property Act No. 3 of 2001, ss.59 and 103; Harare Protocol (ARIPO) Art.3(11)-(14); Paris Convention Art.4bis (independence of patents); Constitution of Kenya 2010, Arts 2(5)-(6).

Analysis

The court held the Harare Protocol has no post-grant revocation procedure, so revocation is governed by national law; ARIPO patents become subject to each designated state's national regime once granted. Sanitam's decade-long delay in raising the jurisdiction objection undermined its case.

Conclusion

Appeal dismissed with costs to the respondents; the Tribunal's revocation of patent AP773 was upheld.

Judgement available at kenyalaw.org.