The Recordation of Intellectual Property Rights Pertaining to all Goods Imported into Kenya
Who can record their Intellectual Property (IP) Rights in Kenya with the Anti-Counterfeit Authority (ACA) in Kenya?
Anyone importing goods into Kenya to which registered IP rights apply ought to record their goods with the ACA. In fact, the Regulations mandate that anyone importing goods into Kenya should record their IP rights over the goods with the ACA.
What Types of intellectual property rights as applying to imported goods require recordation?
Intellectual property rights are eligible for recordation when it comes to imported goods including trademarks and copyrights.
Who can help with the recordation in Kenya?
The ACA provides for the appointment of eligible IPR agents such as practising advocates.
What documents do I need to start recordation?
You need to have the IPR agent, the advocate, prepare a power of attorney by which you grant them the power to act as your IPR agent in Kenya for recordation purposes.
How many goods can I record in one application?
You can record the IPR for instance a trademark applying to several products and ensure the trademark classes align to the products hence the need to use a competent agent to ensure accurate recordation of IPR applying to the imported goods.
What is the purpose of recordation of IPR with the Anti-Counterfeit Authority of Kenya?
The ACA’s mandate is to fight counterfeit goods in Kenya. The ACA is working to record and create a database of recorded goods and their characteristics. ACA is taking a proactive approach to protect the IPR in the recorded imported goods and fight counterfeits.
What type of information is provided in an application for recordation?
The applicant represented by the IPR Agent will need to provide their name; contact details; name of agent and local distributor if they have a distributor; name of each licensee and details on any affiliated companies with a right to use the IPR abroad. You will also need to provide clear photo representations/samples of the goods to which the recordation pertains to. You will need to provide proof of the subsisting IPR right in the goods in the form of a status registration certificate showing a subsisting IP right in the said goods being imported to Kenya.
What is the cost of recordation for trademarks?
Professional Legal Fees USD 200; Disbursements USD 65.
Government fees (in approx. USD currency): Power of Attorney to Agent – USD 20; Application to record: USD 90 for first class and USD 10 for each subsequent class; Submitting particulars of Goods USD 20.
Is it mandatory to record IPR in imported goods to Kenya?
Yes, this is mandatory under the Anti-Counterfeit Recordation Regulations under Rule 3.
What happens if there is a change in ownership of IPR of the goods you routinely import to Kenya?
You are required to immediately submit the amended particulars to the ACA using the proper application form.
When does the ACA start enforcing the new recordation Regulations?
The ACA has issued a public notice stating that they require particulars of imported goods to have been declared by July of 2022 which in essence is the deadline for existing importers. Which means that before this date, importers should have regularised their recordation in anticipation of said enforcement.
How can We help?
Get in touch with Koya and Co. Advocates who will provide this service to you.