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Compulsory Registration Of IP Rights In Kenya – Trademark



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The Anti-Counterfeit Authority (“ACA”) launched the
Anti-Counterfeit Authority Integrated Management System
(“AIMS”) on 28 February 2022 and, thereafter, adopted a
three (3) phased out implementation approach. The ACA issued a
public notice on 26 April 2022, setting a deadline
of 1July 2022 for the recordal of
Intellectual Property Rights (IPR) applied to the goods imported
into and traded in Kenya on the AIMS system. This is in line with
the ACA’s second phase of the implementation process.

It will be an offence to import into Kenya goods bearing IPR
that has not been recorded with the ACA and such goods maybe seized
at the border level and the importers prosecuted.

After extensive stakeholder engagement, ACA issued a Public
Notice no.2/2022, in terms of which the initial deadline
of 1 July 2022, has been extended
until 1 January 2023 to afford IPR
holders enough time to submit their recordal applications
timeously.

Any recordal applications processed and approved by the ACA
between now and December 2022 will be valid
from 1  January 2023.
 All IPR holders of branded goods imported and sold in Kenya
are encouraged to submit their recordal applications
timeously.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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