The Kenya Anti-Counterfeiting Authority (ACA) announced in Bulletin No. 1/2022 issued on April 26 this year that from July 1, 2022, any goods imported into Kenya, regardless of the intellectual property rights, will be All need to be filed with the ACA.

On May 23, the ACA issued Bulletin 2/2022, extending the deadline to submit mandatory filings to January 1, 2023. IP filings will be processed through the Anti-Counterfeiting Administration Integrated Management System (AIMS). This means that from that date, anyone importing goods and owners of intellectual property rights must file a record with the ACA for such rights.

Regardless of the origin of the goods, all companies must record the intellectual property rights of branded imported goods. Unfinished products and unbranded raw materials are exempt. Violators will constitute a crime, punishable by fines and imprisonment for up to 15 years.

If the IP record is successful, ACA will issue a certification mark in the form of an anti-counterfeiting device. The ACA may seize and destroy the merchandise if it is found to be without such an anti-counterfeiting device.

The official fee for IP record is $90 for the first class and $10 for each subsequent class of trademark or industrial design. IP types without multiple classes are $90 per item. IP records will be processed through the Anti-Counterfeiting Administration Integrated Management System (AIMS). In addition to record, AIMS will also provide services such as filing renewal, detail change, filing database retrieval, and facilitate agent registration. The AIMS portal is accessible to all parties such as IP owners and their agents, consumers, importers, and even suspects in counterfeiting cases.

Any record complete on the AIMS system is valid for 12 months and will be reviewed by the ACA within 30 days of the initial application. Records are valid for 12 months, and renewal applications must be submitted at least 30 days prior to expiration for a $50 renewal fee. If an IP owner decides to use an agent to manage the record process, it must ensure that their nominated agent is registered with the ACA.

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