Kenya has taken recent measures regarding anti-counterfeiting to be implemented by the Anti-Counterfeiting Authority (ACA). The ACA issued two public notices (No.1/2022 and No.2/2022) on 26 April 2022 requiring that all intellectual property rights for goods imported into Kenya must be recorded with the ACA starting from 1 July 2022, with an extended deadline of 1 January 2023 to submit a mandatory record.
This process is mandatory for rights protected under the Copyright Act, 2001 (No.12 of 2001); plant breeders’ rights granted under the Seeds and Plant Varieties Act (Cap. 326); rights protected under the Trade Marks Act (cap.506), and rights protected under the Industrial Property Act, 2001 (No. 3 of 2001).
Applications require detailed information of the owner, subsidiary or foreign company which uses the intellectual property rights abroad, the goods and the place of manufacture. The application must include samples or photographs of goods to be imported and certified copies of the respective registration certificates.