Kenya has taken recent measures regarding anti-counterfeiting to be implemented by the Anti-Counterfeiting Authority (ACA). The ACA’s Public Notice (No.1/2022), issued on 26 April 2022, established that all IP rights for goods imported into Kenya must be recorded with the ACA starting July 1, 2022. This applies to all imported goods freed of where the IP right is registered. The second Public Notice (No.2/2022) states the deadline extension to submit a mandatory record to 1 January 2023. Not complying with the legislation can lead to legal consequences.
This process is mandatory for rights protected under the Copyright Act, 2001 (no.12 of 2001); plant breeders’ rights granted under the Seeds and Plant Varieties Act (Cap. 326); rights protected under the Trade Marks Act (cap.506), and rights protected under the Industrial Property Act, 2001 (No. 3 of 2001).
Submit an application
Application submissions for an ACA recordal process require detailed information about the IP rights owner, subsidiary, or foreign company which uses the IP rights abroad, the goods, and the place where they are manufactured. Samples or photographs of goods to be imported and certified copies of the respective IP registration certificates must also be added.
The record will remain valid for one year, after which period the IP owner will be able to request its renewal.
This is a clear progress in the country to combat counterfeit goods and illicit trade in the country.
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