Over the last two years, the Anti-Counterfeiting Agency (the ‘ACA’), working with industry stakeholder representatives have developed the Anti-counterfeit (Recordation) Regulations to guide the implementation of a new customs recordal system in Kenya.
These Regulations have now been published as "The Anti-Counterfeit (Recordation) Regulations, 2021" (see PDF here) in the 30 July edition of the Kenya Gazette as legal notice 118 of 2021.The Regulations introduce a number of new policies and procedures including:
Although not mentioned in the Regulations, the ACA have indicated that they plan to have the recordation system operational through an online platform which will fully automate the ACA functions, such as processing of recordal applications, maintenance of IPR recordals database and case management. It is expected that with this system in force, the ACA will be able to identify counterfeit goods and alert IPR holders expeditiously through their registered local agents or directly through the contacts listed in the recordation applications.
Currently the ACA has requested all local Kenyan agents acting on behalf of IPR holders to register with them in order to receive further updates on the roll out of the new recordal system.