Mandatory Requirement To Record IP Rights Relating To Goods Imported Into Kenya

The Kenyan Anti-Counterfeiting Authority (ACA) has recently adopted a further measure to combat imports of counterfeit goods into Kenya under the Anti Counterfeit Recordation Regulations 2021 (the "Regulations").

Illicit trade in counterfeit goods represents a major hindrance to the development of the local manufacturing industry and spans across a number of key sectors, including car parts, food and beverages, tobacco products, computer components and software, medicines, designer clothes, and cosmetics. The Regulations aim at reducing this illegal trade by seizing more counterfeit goods at the ports of entry.

Under the Regulations, businesses have a deadline of 1 July 2022 to register their IP rights with the ACA for any goods that they wish to import to Kenya, irrespective of their place of origin. The new Regulations affect all businesses importing branded goods into Kenya except for unbranded raw materials or unfinished goods.