Importers and their agents have three months to comply with a directive by the Anti-Counterfeit Authority (ACA) to register intellectual rights (IPRs) on all goods shipped into the country.
With ACA setting the deadline as July 1, 2022, the importers will be required to register their goods in a bid to deal with counterfeits in the country.
“It is an offence to import into Kenya, goods whose IPRs have not been recorded with ACA,” According to a State agency notice.
Trade is a key enabler of the Kenyan Economy, however the increase of counterfeit in the market has created a million-dollar illicit trade.
Counterfeited products in Kenya range from car parts, alcoholic beverages and electrical appliances, medicines, building materials, baby foods, clothes, and cosmetics among others.
“No IPR agent shall be eligible to perform any functions with ACA from July 1, 2022, unless they are so admitted and registered. CA also notifies prospective importers of the mandatory requirement to declare particular intellectual property rights for goods to be imported into Kenya from July 1, 2022” the ACA said.
The new changes have been documented in law under Section 34B of the Anti-Counterfeit Act, Legal Notice No.117, and Legal Notice No.118 of 2021. The provision in law will consequently have an impact on the law breakers. A first-time offender will be staring at a jail term not exceeding five years, while repeat offenders might get up-to a 15-years in prison.
“The significance of this new regulatory requirement is that the ACA has taken a proactive approach in fighting counterfeits through the record of intellectual property rights.
The law will henceforth make it unlawful for traders to import goods whose trademark is not recorded with the government agency.
