The Kenyan Anti-Counterfeit Authority (“ACA”) has issued a Public Notice which stipulates that the final deadline for trade mark owners to record their rights with the authority remains 1 January 2023. No further extensions will be granted. As of that date it would be an offence to import goods bearing IP that has not been recorded – such goods will be seized and importers prosecuted.
Earlier this year, Kenya introduced a ‘dual registration’ system which requires an IP owner who imports goods into Kenya to register its IP rights separately with the ACA.
The ACA has communicated that it shall prioritize enforcement of the following categories of goods from 1 January 2023:- Alcoholic beverages, electronics and electricals, pharmaceuticals, apparel, footwear and cosmetics.The ACA has reiterated its commitment to proactively protect recorded Intellectual Property Rights in the fight against trade in counterfeit goods.