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DEADLINE FOR MANDATORY RECORDATION OF IP RIGHTS SET AS 1ST JULY 2022

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  5. DEADLINE FOR MANDATORY RECORDATION OF IP RIGHTS SET AS 1ST JULY 2022

The Kenyan Anti-Counterfeit Authorities (“ACA”) announced that the Anti-Counterfeit Authority Integrated Management System (“AIMS”) would go live from 28th February 2022 and, thereafter, adopt a three (3) phased out implementation approach. The ACA has now issued the attached public notice dated 26th April 2022 setting a deadline for the recordal of all goods bearing Intellectual Property Right being imported into Kenya on the AISM system. This is in line with the ACA’s first phase implementation process.

In Public Notice No. 1/2022, the ACA informed Intellectual Property Rights Holders that it would be now compulsory to record their Intellectual Property Rights through the AIMS system by no later than the 1st of July 2022. The ACA also warned that, as of the 1st of July 2022, it would be an offence to import any goods into Kenya bearing any Intellectual Property Right that has not been recorded through their AIMS system. In accordance with this Notice, any goods, irrespective of whether they are genuine or counterfeit, imported into Kenya without a valid recordal on the AIMS system will now be seized at the port of entry and the importers of those branded goods prosecuted.

The aforementioned Notice further informs all importers that Phase 2 of the AIMS roll-out process, requiring the completion and submission of Form 2B – Declaring particulars of Intellectual Property Rights for any and all goods being imported, will also become effective as of 1st of July 2022 and that failure to comply with this requirement will also constitute an offence, punishable by either a fine, imprisonment or both.

In light of the above, we strongly recommend that all IPR Holders conducting business in Kenya record their intellectual property on the AIMS system. Should you require any assistance in this regard, please do not hesitate to contact us.

Godfrey Budeli
Partner | Trade Mark Attorney
Michael Lamont

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