[2014] KEHC 7520 (KLR)

[2014] KEHC 7520 (KLR)

The court held that section 104(2) of the Industrial Property Act, Cap 509, though not explicit, clearly intends that the lodging of an appeal against a decision of the Industrial Property Tribunal automatically stays the registration and publication of the Tribunal's decision revoking a patent. Therefore, once an appeal is filed and remains undisposed of, the Tribunal's decision may not be registered or published in the Kenya Gazette or Industrial Property Journal. The court granted the stay sought by the appellant for the avoidance of doubt, but clarified that the statutory provision itself was sufficient to operate as a stay, making it unnecessary to consider the requirements of Order...

Citation
[2014] KEHC 7520 (KLR)
Parties
Appellant: Santam Services (E A) Ltd; Respondent: Rentokil (K) Ltd; Respondent: Kentainers (K) Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 March 2014
Case Number
Civil Appeal 23 of 2014
Procedural Posture
Civil Appeal / Ruling on Application for Stay Pending Appeal
Outcome
Application for stay allowed; stay of Tribunal's order granted pending appeal.
Legal Topics
Patent Revocation, Appeal Rights, Stay of Execution, Industrial Property Act, Tribunal Decisions
Source Language
English
Intellectual Property Patent Revocation Appeal Rights Stay of Execution Industrial Property Act Tribunal Decisions

Case Brief

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Parties

Santam Services (E A) Ltd

Appellant

Rentokil (K) Ltd

Respondent

Kentainers (K) Ltd

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the lodging of an appeal against the Tribunal's decision operates as a stay of registration and publication of the revocation of a patent.
  2. 2 Whether it is necessary to apply for a formal stay order under Order 42, rule 6 of the Civil Procedure Rules in light of section 104(2) of the Industrial Property Act.

Ratio Decidendi

The court held that section 104(2) of the Industrial Property Act, Cap 509, though not explicit, clearly intends that the lodging of an appeal against a decision of the Industrial Property Tribunal automatically stays the registration and publication of the Tribunal's decision revoking a patent. Therefore, once an appeal is filed and remains undisposed of, the Tribunal's decision may not be registered or published in the Kenya Gazette or Industrial Property Journal. The court granted the stay sought by the appellant for the avoidance of doubt, but clarified that the statutory provision itself was sufficient to operate as a stay, making it unnecessary to consider the requirements of Order...

Court Disposition

Application for stay allowed; stay of Tribunal's order granted pending appeal.

Orders

  • There shall be a stay of the order of the Industrial Property Tribunal revoking Patent Number AP 773 pending hearing and disposal of the appeal.
  • Costs of the application shall be in the appeal.