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ARTICLE · 23 SEPTEMBER 2021

Update On The Anti-counterfeit Regulations

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The Anti-Counterfeit (Amendment) Regulations, 2021 (Legal Notice no. 117) and the Anti-Counterfeit (Recordation) Regulations, 2021 (Legal Notice no. 118) were jointly published by the Cabinet Secretary for the Ministry of Industrialization, Trade and Enterprise Development on 23rd July 2021.

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The Anti-Counterfeit (Amendment) Regulations, 2021 (Legal Notice no. 117) and the Anti-Counterfeit (Recordation) Regulations, 2021 (Legal Notice no. 118) were jointly published by the Cabinet Secretary for the Ministry of Industrialization, Trade and Enterprise Development on 23rd July 2021. These Regulations pave way for the implementation of the proposed amendments of the Statute Law (Miscellaneous Amendments) Act of 2018, enacted by the Parliament of Kenya to introduce some changes or amendments to various intellectual property legislations including the Anti-Counterfeit Act of 2008 ('the Act').

The Regulations provides for the implementation of a formal recordal system, whereby an intellectual property right relating to goods to be imported into Kenya shall be recorded by the owner of the intellectual property with the Anti-Counterfeit Authority (ACA) in a prescribed form and accompanied by payment of prescribed official fees. Upon receipt of the recordal

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