interests of the patentee, with or without his consent, licence or permission
It is conduct which goes against the claims as stated in the patent application and in particular,
the final grant.
A case on patent infringement may be brought by the patentee
INTRODUCTION TO LAW 408
Noscitur a sociis
This rule literally means that a word or phrase is known by its companions.
It is to the effect that words of doubtful meanings
Trademarks are IP rights granted in order to distinguish goods and services of one trade mark
owner to those of his competitors.
Trade marks are also closely related to trade marks, certification marks, collective marks, domain
names and service marks.
Legal system. It is also described as the due process.
According to Dicey, rule of law comprises 3 distinct conceptions namely;
regular law;this means that all
acts of the
State are governed by law. It means that a
decisions of courts above it in the Hierarchy and courts of co-ordinate jurisdiction are bound by
their own previous decisions if the 2 cases have similar material facts.
Case law is only a source of law where the cases have similar legal points. The doct
This is law made directly by parliament in exercise of its
legislative power conferred upon it by the constitution.
It is also referred to as subordinate, indirect or subsidiary
legislation. It is l
6. It controls and structures public power. Rules of law various organs of govt and confer
upon them the powers exercisable by them. The law creates a limited govt. This promotes
good governance, accountability and transparency. It f
1. It subsists automatically upon the creation of the work. It need not be granted or
2. It governs both primary and secondary works.
3. The subject matter must be original;
It originates from the author and no one else
FUNCTIONS OF ATTORNEY GENERAL
1. Under section 26 (2) of the constitution, the Attorney General is the principal advisor of
2. Under the constitution he must act in
as and when they arise by enacting new statutes or effecting amendments to existing
Dynamic:Statute Law enables society to keep pace with changes in other fields e.g.
political, social or economic. Parliament enacts statutes to create the necessar
lack universality and so is African Customary Law. A custom embodies a principle of
utility or justice. However, not all local customs may be relied upon by courts of law in the
settlement of disputes. A good local custom must be reasonably consistent wit
Discipline:It disciplines all judicial staff, magistrates, registrars, kadhis and other staff
of the department.
BUSINESS PREMISES TRIBUNAL
It is established by section
court. However, the court exercises very limited original jurisdiction in that it is empowered to
punish; contempt of court and it has the jurisdiction to stay the execution of an order of the high
court pending an appeal.
Decisions of the court of appeal
complexity:Since stare decisis is based on judicial decisions and many
decisions have been made, it tends to be bulky and there is no index as to which of
these decisions are precedent. Extraction of the ratio decidendiis a complex task.
It consists of those fields or branches of law in which the state has a direct interest as the
It is concerned with the constitution and functions of the various organizations of government
including local authorities, their relation
4. Delivery up an order that requires the defendant to deliver up all infringing material
including all equipment and contraptions
They are available under the Intellectual Property Act and the Trade Marks Act. They may take
the form of
1. He who seeks equity must do equity
2. He who comes to equity must come with clean hands
3. Equity is equality (Equality is equity)
4. Equity looks to the intent or substance rather than the form
5. Equity looks upon as done that which ought to be done
The state here is Kenya and the office is the Kenya Industrial Property Institute (KIPI).
1. The invention must be novel/ new
2. The invention must constitute an inventive step and must not be obvious
3. The invention must b
work of another? Dates are required.
3. The material copied must itself be copyrightable
THE LAW OF PROPERTY
INTRODUCTION TO LAW 394
DEFENCES TO COPYRIGHT INFRINGEMENT
1. Copyright does not subsist in the work i.e. if it is not original and its
In relation to law of property
a) Distinguish between ownership and possession
b) Explain the ways in which ownership may be acquired
c) Distinguish choses in action from choses in possession and give examples of each
May 2004 Question 5
institutions established under the Act (e.g KEMRI) are patented in favour of the research institute
and not the individual inventor but the inventor must be named as per section 33 of the Industrial
13.9 INTELLECTUAL PROPERTY RIGHTS
These are rights awarded by society to individuals or organizations rincipally over ccreative
works. They give the creator the right to prevent other from making unauthorized use of their
property for a limited
attribute has been questioned that it has no legal basis.
4. Identifying the origin of a product i.e when you see Omo you associate it with Unilever.
This issue has become redundant in scholarly terms because of the issue of franchising
e.g. Nandos in Ken
notoriety i.e. the trade mark is not famous or that the trade mark hasnt developed
3. Non Use of the Trade Mark this applies where one hasnt used the trade mark of has
used it but not in the trade mark sense
4. Confusion the defendant may argue
reproduce the work, make copies therefrom, perfom or display the work publicly
Copyright law is intended to protect and to reward original expressions embodied in tangible
material or fixed form. In the first category an idea does not infringe copyright b
In law the borrower has unrestricted equitable right to redeem his security. Any provision in a
mortgage or charge purporting to deny the borrower the equitable right to redeem is void. This
right must not be subjected to any conditions by the charge or m
i) Law and Morality
It is a sense of judgement between rights and wrong by reference certain standards developed
by society over time.
It consists of standards of behavior widely used by a society consists of prescriptions of society.
Under Section 3(2) of the Magistrates Court Act, the court has jurisdiction to hear cases throughout
It entertains both criminal and civil cases. It exercises original and limited appellate jurisdiction.
May 2003, Question 1
SUPREMACY OF THE CONSTITUTION
The supremacy of the constitution as source of law is manifested in various ways:-1) All other laws
2. To make rules to regulate its procedure
3. To delegate powers to its members (judges)
4. To act not withstanding a vacancy in its membership.
5. To confer powers and impose duties on public service with the presidents consent.
ANSWERS TO SAM