Brand owners initially had a deadline until 1 July 2022 in which to record their IP rights with the Kenya Anti-Counterfeit Authority (“the ACA”).  This deadline has now been extended until 1 January 2023.

Kenya has the most advanced economy in East Africa with its Mombasa port being a key entry point for cargo destined for the East African community. It is on this basis that many IP right holders would be pleased to be afforded the additional time within which to record their IP rights. Recording IP rights with the ACA enables brand owners to take action against counterfeit goods which are being imported into Kenya.

The recordal of IP rights is processed through the Anti-Counterfeit Authority Integrated Management System (“AIMS”). The AIMS portal requires all agents to be admitted and registered with the ACA before attending to recordals on behalf of brand owners. It is important to note that after 1 January 2023, it will be an offence to import into Kenya goods bearing IP that has not been recorded. In the event that goods bearing unrecorded IP rights are imported after 1 January 2023, those goods may be seized, followed by possible prosecution of the importers. Unbranded raw materials or unfinished goods will be spared.

The recordal application shall include the country where the goods are manufactured, details of distributors and foreign users, samples or digital images of the goods in question and a certified copy of intellectual property registered in Kenya. Once the registration has been successfully completed, the ACA will issue a certification mark to the importer of goods.

The Recordal application will be valid for an initial period of 12 months and may be renewable 30 days before its expiry date upon payment of a renewal fee.

Should you require us to assist further with filing recordals on your behalf, please do not hesitate to contact Masi Mtshali on Masim@kisch-IP.com