Overview on the Anti-counterfeit Recordation Regulations in Kenya

16-Feb-2022

NAIROBI – Kenya is one of the African countries that lead the implementation of legislation and procedures in the ongoing fight against counterfeits. In 2021, the Anti-Counterfeit (Amendment) Regulations, 2021 (Legal Notice No. 117) and the Anti-Counterfeit (Recordation) Regulations, 2021 (Legal Notice No. 118) were published by the Cabinet Secretary for the Ministry of Industrialization, Trade and Enterprise Development. These Regulations have provided for the implementation of a formal recordal system, where owners of intellectual property rights or their registered agents can submit an application to record an intellectual property right with the Anti-Counterfeit Authority (ACA). 

The IPR owner or his registered agent shall provide the Authority with his name, telephone number, postal address and physical address of his local distributor, photographic representation of the goods that bear the owner’s registered trademark, the name and address of every foreign person or business entity (other than the owner) authorized or licensed to use the trademark (if any), the identity of any foreign companies (e.g. a subsidiary or parent company), that uses the trademark abroad; and the place of manufacture of goods bearing the trademark. The application must be approved or denied within 30 days after receipt of the completed application. If the recordal application is approved, it will be valid for a period of 1 year renewable, a month before its expiry date. Official renewal fees are payable.

The Regulations further provide that it is possible to conduct a search of the Register to establish the particulars of IPR recorded with the ACA. It is recommended that IPR owners record their IPRs to assist the ACA to fight against the counterfeit goods trade in Kenya. 

Kenya is expected to make further announcements regarding its implementation.

Recently, Kenya has rolled out the online recordation platform for submitting and processing recordation applications.





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