Kenya To Clampdown on Counterfeit Goods: Implementation of Recordation of Intellectual Property Rights for Imports.
Effective 1st January 2023, the Anti-Counterfeit Authority (ACA), the principal government agency mandated to prohibit trade in counterfeit goods in Kenya, started the implementation of Recordation of Intellectual Property Rights and ACA Import Permit, pursuant to the provisions of the Anti-Counterfeit Act No. 13 of 2008 (Section 34B) and the Anti-Counterfeit {Recordation} Regulations LN 118/2021 (R4). The Regulations enable the ACA to readily identify the true proprietors of intellectual property rights and, thereby, halt the unauthorized importation of goods. Under the Anti-Counterfeit Act, it is an offense to import goods that have not been recorded with ACA. It is also required upon importers to declare the intellectual property rights for goods being imported into Kenya.
What is recordation of Intellectual Property Rights? This is the process of collecting and entering into an electronic database, information from Intellectual Property Right owners regarding their registered IPRs (trademarks, patents, utility models, industrial designs, copyrights, or any other registered intellectual property right), irrespective of their place of registration, for all goods to be imported into Kenya. The information shall include images of products trading under these registered rights, the manufacturer details and contact persons.
ACA has thus prioritized the operationalization of HS codes relating to the following categories of products:
- Alcoholic beverages
- Pharmaceuticals
- Electricals and electronics
- Apparel/clothing
- Footwear
- Cosmetics
The Recordation will adopt a phased approach so as to facilitate continuous compliance by importers. The importers are encouraged to familiarize themselves with ACA’s Aims portal, which is accessible at https://public.aims.aca.go.ke. The first phase of implementation of recordation of intellectual property rights and ACA import permit is for Electrical and electronics including Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles.
