Kenya - Deadline set for recording IP rights with the Kenyan Anti-Counterfeiting Authority

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Written By Richard Stilwell

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.

 
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Author: Richard Stilwell

Richard is a Chartered Trade Mark Attorney and manager in the Patents and Design department. He is responsible for overseeing and managing the day-to-day operations of the department, as well as being part of operational working groups to develop and enhance internal policies and procedures.

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Richard Stilwell

Richard is a Chartered Trade Mark Attorney and manager in the Patents and Design department.  He is responsible for overseeing and managing the day-to-day operations of the department, as well as being part of operational working groups to develop and enhance internal policies and procedures.

Richard graduated from the University of Leeds in 2012 with a Master’s degree (with Distinction) in Medicinal Chemistry, which included a placement year with a major U.K. pharmaceutical company. He joined Lysaght in 2015 and has worked in the IP industry for over ten years.

In 2016 Richard was awarded the Postgraduate Certificate in Intellectual Property (with Distinction) from Bournemouth University, and he became a Chartered Trade Mark Attorney in 2018.

He adds a considerable skill set to the company, where he is responsible for a wide-ranging portfolio, particularly for patent cases in the Caribbean and Middle East.  In his dual role, Richard also handles prosecution and contentious matters within the trade mark department in several complex jurisdictions.

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