Following the recent commencement of a recordation process for IP rights with the Kenyan Anti-Counterfeiting Authority (ACA), a deadline of 01 July 2022 has now been set for rights holders to have completed this process.  The public notice can be found here.*

From this date, it will be a legal requirement for any IP rights holder who imports their goods into Kenya to record the IP right with the ACA.  Furthermore, any person other than the registered IPR owner intending to import any goods for commercial purposes must declare their associated IP rights by filing the prescribed form with the ACA.  It will be an offence to import into the country goods bearing IP that has not been recorded.  Failure to comply with both steps may result in seizure and destruction of imported goods, fines and imprisonment.

The Regulations require recordal to be applied for by a defined list of agents; only admitted agents will be able to represent IP rights holders before the ACA.  Recordals will be valid for one year, and renewal applications should be filed 30 days before expiry.

We strongly recommend that registered trade marks are recorded with the ACA without delay.  If you wish for Lysaght to assist with this process, please contact us at your earliest convenience.

*We have been notified that the deadline for recording trade mark registrations with the Kenyan ACA has been postponed from 01 July 2022 to 01 January 2023 (see notice here) to give rightsholders more time to comply with the new legislation.




For more information please contact the author, Richard Stilwell, at richard@lysaght.co.uk