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Kenya – Update on the implementation of Recordation of Intellectual Property Rights for Imports

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Published Date: December 1, 2022

On 29th November 2022, the Anti-Counterfeit Authority (“ACA”) issued and circulated a Public Notice no. 3/2022, available here, essentially reiterating that the Mandatory recordal of intellectual property rights for importation purposes will be implemented on 1st January 2023. The ACA advised that further extension/s of the implementation of the Recordation Regulations are not contemplated at this stage.

Importers are urged to declare the intellectual property rights applied to the relevant goods via the Kentrade’s Single Window System prior to the importation. The ACA indicated that, after the implementation date, it will prioritize enforcement of the following categories of products/goods:-

  1. Alcoholic beverages;
  2. Electronics and Electricals;
  3. Pharmaceuticals;
  4. Apparel;
  5. Footwear; and
  6. Cosmetics

The ACA further emphasised that the recordal exercise is a trade facilitation measure aimed at promoting legitimate trade and proactively protecting intellectual property rights by the ACA and other Government Agencies through verification of imports.

As the implementation deadline is fast approaching, it is advisable to collate the required information and documentation with the aim of submitting the recordal application as soon as possible, bearing in mind that the ACA is required to approved or reject the application within 30 days from date of submission or filing.

If you require any assistance pertaining to the recordal, please do not hesitate to contact us on kenyaacarecordals@adams.africa.

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We have offices in Pretoria, Johannesburg, Cape Town, and Durban, please contact your nearest office for any legal enquiry or assistance.

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