KENYA: COMPULSORY REGISTRATION OF IP RIGHTS IN KENYA

The Anti-Counterfeit Authority (“ACA”) launched the Anti-Counterfeit Authority Integrated Management System (“AIMS”) on 28 February 2022 and, thereafter, adopted a three (3) phased out implementation approach. The ACA issued a public notice on 26 April 2022, setting a deadline of 1July 2022 for the recordal of Intellectual Property Rights (IPR) applied to the goods imported into and traded in Kenya on the AIMS system. This is in line with the ACA’s second phase of the implementation process.

It will be an offence to import into Kenya goods bearing IPR that has not been recorded with the ACA and such goods maybe seized at the border level and the importers prosecuted.

After extensive stakeholder engagement, ACA issued a Public Notice no.2/2022, in terms of which the initial deadline of 1 July 2022, has been extended until 1 January 2023 to afford IPR holders enough time to submit their recordal applications timeously.

Any recordal applications processed and approved by the ACA between now and December 2022 will be valid from 1 January 2023.  All IPR holders of branded goods imported and sold in Kenya are encouraged to submit their recordal applications timeously.

Kindly address any queries you may have for the attention of Godfrey Budeli – godfrey.budeli@adams.africa