In an effort to combat counterfeiting and piracy, the Kenyan Anti-Counterfeiting Authority (ACA) recently adopted a further measure to combat imports of counterfeit goods into the country, as stated in Section 34B of the Anti-Counterfeit Act, 2008 and the Anti-Counterfeit (Recordation) Regulations of 2021.

Brand owners have a deadline of January 1, 2023 to register their IP rights with the ACA for any goods that they wish to import to Kenya. The new measures apply to all businesses that are importing branded goods into the country.

The recordal, which is valid for the period of one year or the current registration period of the IPR, whichever is shorter, will allow the ACA to adopt an ex-officio border system that will facilitate prompt and proactive action.

Preventative measures, such as Customs recordal, are an important keystone that can offer strong and reliable protection for brand owners as the first line of defense. With that in mind, when planning to implement a strong enforcement strategy, brand owners must seek out a combined approach to tackle infringement or counterfeiting by utilizing all means necessary at the disposal in Kenya.

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