Tribunals, established under parliamentary legislation, serve judicial or quasi-judicial roles. They must adhere to constitutional principles, including the Bill of Rights, and operate within legal frameworks.
The Industrial Property Tribunal (IPT), created in 1989 under the Industrial Property Act (Cap 509), was later governed by the 2001 Industrial Property Act. It functions as a specialized court for intellectual property matters, addressing disputes over patents, designs, and innovations.
The tribunal's composition includes a chairperson with high judicial or legal qualifications and four members with expertise in law, science, and technology. Its proceedings are flexible, convening as needed to resolve cases.
A key ruling involved Power Technics Limited v. Power Engineering International Limited, where the tribunal invalidated a design registration. The 1998 case centered on tapered streetlight columns, with the tribunal determining the design was already in public use before registration, thus not eligible for protection.
ARIPO patents hold legal weight in Kenya, as per the Industrial Property Act. The Board of Appeal has also addressed patent maintenance issues, such as reinstating a patent for a foot-operated waste bin after missed fees.
The IPT's decisions shape intellectual property enforcement, balancing innovation protection with public access. Its rulings emphasize transparency and adherence to legal standards.
