<img src="https://publish-01.obsidian.md/access/744ac39d33cabbc297b91373bfcac24d/bin/images/Kenya_map.png" alt="Kenya" class="page-header-sidebar-image"> Kenya has provisions in its legislation relating to the granting of compulsory licences. These can be found in the Industrial Property Act, 2001 (Act No. 3 of 2001). A compulsory licence may be issued on the following grounds: - Non-working or insufficient supply - After 4 years from filing or 3 years after grant (whichever is later), if the market for a patented invention is not being supplied on reasonable terms in Kenya. - Interdependence of patents - If a later invention (patent) cannot be worked without infringing an earlier patent, and the later invention represents an important technical advance of considerable economic significance relative to the earlier one, then the owner of the later patent can request a compulsory licence with respect to the earlier patent to the extent necessary. - Vital public interest / other special directions - The law also allows the Minister to issue a direction declaring certain products or processes of vital importance (for public health, defence, economy, scientific/technological advancement, environment etc.). Once such a direction is made, compulsory licences for those specified patents or processes may be requested at any time after grant. - Other preconditions and limits: - Applicant must have sought a voluntary licence on reasonable terms and failed, unless in case of national emergency or extreme urgency. - Must provide guarantees that they can or will work the invention sufficiently to remedy deficiencies or satisfy demand. - Terms of the licence are limited in scope & duration, non‐exclusive, mostly for domestic supply, equitable remuneration. More information can be found [here](https://new.kenyalaw.org/akn/ke/act/2001/3/eng%402022-12-31 ). ## Compulsory licences Kenya has granted compulsory licence for: - [[Generics]] Kenya has been requested to issue a compulsory licence for [[AZT]] by Cosmos Ltd. The compulsory licence has not been issued because a voluntary licence was issued instead. Kenya has been requested to issue a compulsory licence for [[NVP]] by Cosmos Ltd. The compulsory licence has not been issued because a voluntary licence was issued instead. Kenya has been requested to issue a compulsory licence for [[3TC]] by Cosmos Ltd. The compulsory licence has not been issued because a voluntary licence was issued instead. Kenya has been requested to issue a compulsory licence for [[3TC/AZT]] by Cosmos Ltd. The compulsory licence has not been issued because a voluntary licence was issued instead.