News / Legal Brief
Sep 1,2021
Kenya’s Anti-Counterfeit (Recordation) Regulations 2021 requires Intellectual Property rights (“IPR”) owners who import goods into Kenya to record their IPR with the Anti-Counterfeit Authority (“ACA“).
Recordation is not yet implemented, however, following the official publication of these Regulations, the ACA is expected to roll out the online Recordation system to facilitate this Recordation process soon. With the exception of the importation of raw material or “items used as ingredients in the manufacture of goods“, Recordation will likely be mandatory, as provided for in Section 34B of the Anti-Counterfeit Act, no. 13 of 2008.
Recordation will assist the ACA to intercept goods believed to be counterfeit, either at points of entry or in the market. The Regulations also make provision for the filing of a complaint with the ACA, which would result in criminal prosecution of any party dealing in counterfeit goods.
The term “Intellectual Property Right” defined under the Anti-Counterfeit Act, 2008 includes:
Furthermore, the Anti-Counterfeit Act recognises IPR’s registered outside Kenya.
Either the IPR owner, authorised agent or licensee may apply for the Recordation to include:-
Brand owners will know that the Recordal of IPR is possible in many countries and that such recordals can be effective in intercepting goods believed to be counterfeit. In addition to trade mark infringement by virtue of trade mark registration, anti-counterfeiting interventions can be quick and efficient, also proving to be effective in tackling online availability of goods across borders.
It remains imperative that brand owners obtain and maintain the intellectual property in all relevant territories for optimal protection. Our Intellectual Property Team at Werksmans deals extensively with these matters and can assist in ensuring that brand owners navigate this process efficiently.
by Donvay Wegierski, Director
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