According to the ACA, these IPRs include trade marks, copyright and any other protectable IP.  Further, the ACA recognise IPRs vesting outside of Kenya, and therefore IPRs registered or protected in other jurisdictions will also need to be recorded. 

The purpose of the recordation is to better equip ACA officers in preventing counterfeit goods from entering Kenya.  According to a public notice issued by the ACA, IPRs which have been recorded with the ACA will be “proactively protected” against counterfeit imports.  Goods that have not had their IPRs recorded will be barred entry into Kenya.    

Preventing counterfeit goods from entering Kenya helps to ensure consumer health and safety.  IPR owners will also be protected against unfair competition from counterfeit importers.  Further, traders will have a means to confirm the genuineness of goods prior to importation, meaning they are less likely to face seizures and prosecution. 

IPR holders can electronically record their IPRs on the Anti-Counterfeit Authority Integrated Management System, a platform that processes recordation, renewal of recordation and declaration of IPR particulars for goods being imported into Kenya.  

If you do export your products to Kenya, we recommend recording your IPRs before 1 July 2022.  Our team would be happy to assist you with any questions you may have.