DEADLINE FOR MANDATORY RECORDAL OF IP RIGHTS IN KENYA EXTENDED TO 1ST JANUARY 2023

Dear Clients and Colleagues,

On the 26^th of April 2022, the Kenyan Anti-Counterfeit Authority (“ACA”) published Public Notice, No. 1/2022, in which it announced a deadline for the recordal on the Anti-Counterfeit Authority Integrated Management System (“AIMS”) of all goods bearing Intellectual Property Rights being imported into Kenya.

That Notice required that all Intellectual Property Rights Holders to record their Intellectual Property Rights through the AIMS system by no later than 1^st July 2022.

On the 23^rd May 2022 and after extensive stakeholder engagement, the ACA issued Public Notice no.2/2022, depicted below, extending the deadline to submit a mandatory recordal until 1^st January 2023 to afford Intellectual Property Rights Holders more time for compliance.

The ACA further advised that it is considering the validity of recordal application approved anytime this year to also run from 1^st January 2023. This means that any recordal applications received and processed between now and December 2022 will only begin the 1 year validity countdown from 1^st January 2023. Therefore, Intellectual Property Rights Holders are encouraged to submit their recordal applications timeously.

We are continuing to monitor the situation and will provide you with further developments or updates regarding this project. In the meantime, we will be continuing with our engagements with the ACA and other stakeholders to seek clarity on aspects that require clarification.

Should you require any assistance to record your intellectual property rights in Kenya, please do not hesitate to contact us.

Godfrey Budeli

Partner | Trade Mark Practitioner

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Michael Lamont