Kenya has had anti-counterfeiting legislation for many years. The Anti-Counterfeiting Act No. 13 of 2008 creates severe penalties for counterfeiting, with prison terms of up to 15 years. The legislation also makes provision for a dedicated anti-counterfeiting body, the Anti-Counterfeiting Authority (ACA). The ACA conducts raids, liaises with the prosecution authority in regard to the prosecutions, and works closely with Customs.
Recordal with Customs
For a number of years there has been talk that every brand owner who imports goods into Kenya will be required to record its trade mark with Customs - this is a separate and additional registration to a trade mark registration.
This recordal requirement is now becoming a reality. This is as a result of the publication of two new regulations under the Anti-Counterfeit Act. The first of these is the Anti-Counterfeit (Amendment) Regulations of 2021 (Amendment Regulations). The second is the Anti-Counterfeit (Recordation) Regulations of 2021. These two regulations will have significant consequences. Continue Reading