Important notice for trademark owners: New import regulations in Kenya
From 1 January 2023 on, it is prohibited to import goods into Kenya without prior recordation of the trademark identifying such goods with the Kenyan Anti Counterfeit Authority (ACA).
We would like to draw your attention to important amendments pursuant to Section 34B of the Kenyan Anti-Counterfeit Act of 2008 and complementary Legal Notices of 2021. From 1 January 2023 on, it is prohibited to import goods into Kenya without prior recordation of the trademark identifying such goods with the Kenyan Anti Counterfeit Authority (ACA). The ACA is a state corporation established in 2008 in order to prohibit trade in counterfeit goods. The request for recordation of the trademarks used for product branding must be filed by an IPR agent admitted with the ACA and using an online platform created for that special purpose. Transit/transhipment goods and raw materials are exempted from this regulation.
The request for recordation must comprise product images and detailed information on the goods to be imported into Kenya, as well as information on the manufacturer and the trademark owner. In addition to that, a certified copy of the Intellectual Property Right (IPR) to be recorded is required. The relevant IPR does not necessarily have to be a Kenyan registration. The recordation can also be effected for trademarks registered in Germany or the EU, for example.
While customs registrations like for example in China expire with the protective right only, Kenyan ACA recordations have to be renewed every year. However, if the recorded trademark expires within this one-year term, the recordation expires simultaneously.
Any import of goods branded with non-recorded trademarks will be considered as an offence. The trademark recordation will be verified with the customs declaration.
If you need any further information in respect of ACA recordations in Kenya, please contact us.