Over the last two years, the Anti-Counterfeiting Agency (the 'ACA'), working with industry stakeholder representatives have developed the Anti-counterfeit (Recordation) Regulations to guide the implementation of a new customs recordal system in Kenya.
These Regulations have now been published as "The Anti-Counterfeit (Recordation) Regulations, 2021" in Anti- Counterfeiting Act No 13 of 2008" in the 30 July edition of the Kenya Gazette as legal notice 118 of 2021.The Regulations introduce a number of new policies and procedures including:
- The mandatory recordation by IP Rights holders of any goods coming into Kenya in which IP rights subsist or are applied.
- an obligation on 3rd parties (non-rights holders) who import goods into the Kenyan market to notify the ACA of the particulars of those goods.
- an exemption on the recordation of raw materials.
- annual renewal of the recordations.
Although not mentioned in the Regulations, the ACA have indicated that they plan to have the recordation system operational through an online platform which will fully automate the ACA functions, such as processing of recordal applications, maintenance of IPR recordals database and case management. It is expected that with this system in force, the ACA will be able to identify counterfeit goods and alert IPR holders expeditiously through their registered local agents or directly through the contacts listed in the recordation applications.
Currently the ACA has requested all local Kenyan agents acting on behalf of IPR holders to register with them in order to receive further updates on the roll out of the new recordal system.