Kenya has taken a robust approach to anti-counterfeiting by putting specific legislation in place that will be implemented by a dedicated body, the Anti-Counterfeiting Authority (ACA).
The ACA’s Public Notice No.1/2022 issued on 26 April 2022 announced that IP rights for goods imported into Kenya will have to be recorded with the ACA from 1 July 2022. This applies to all imported goods irrespective of where the IP right is registered. It will be an offence to not comply.
On 23 May 2022, the ACA issued Public Notice No. 2/2022 extending the deadline to submit a mandatory recordal to 1 January 2023.
The ACA recordal process is onerous and requires detailed information relating to the IP rights owner, any subsidiary or foreign company which uses the IP right abroad, and the goods and where they are manufactured. Samples or photographs of goods and certified copies of the IP registration certificates will be required.
IP rights defined under the Kenyan Anti-Counterfeit Act include:
- Any right protected under the Copyright Act, 2001 (no.12 of 2001)
- Any plant breeders’ right granted under the Seeds and Plant Varieties Act (Cap. 326)
- Any right protected under the Trade Marks Act (cap.506)
- Any right protected under the Industrial Property Act, 2001 (No. 3 of 2001)
We recommend that you act swiftly to record relevant IP rights with the ACA and start the process well before the deadline of 1 January 2023.
If you would like more information or assistance with this, please contact our brand protection team at ac@vonseidels.com
