THE ANTI-COUNTERFEIT ACT
{No. 13 of 2008}

IN EXERCISE of the powers conferred by Section 37 of the Anti-Counterfeit Act, the Cabinet Secretary for Industry, Trade & Cooperatives makes the following regulations.

The Anti-Counterfeit {Amendment} Regulations, 2019

1. These regulations may be cited as the Anti-Counterfeit {Amendment} Regulations, 2019.
   
   
2. Regulation 18 of the Anti-Counterfeit Regulations, in these Regulations referred to as the “principal Regulations “, is amended by renumbering the existing one as sub-regulation 1 and introducing sub-regulations 2-10 to read as follows: -

1. 1. The owner of an intellectual property right may appoint an agent to act on his behalf by completing Form ACA 15 of the First Schedule upon payment of the fee specified in the Second Schedule.
      
      
   2. The Authority shall maintain a register of agents appointed by the owners of intellectual property rights.
      
      
   3. An agent appointed by the owner of an intellectual property right shall, in addition to any conditions that the Authority may impose under the provisions of the Act or Regulations, meet the requirements set out under the Private Security Regulation Act, No. 13 of 2016.
      
      
   4. An agent appointed by the owner of an intellectual property right and desiring to perform functions of an agent under the provisions of the Act and the Regulations shall within a period of 30 days of such appointment apply in the prescribed manner for registration with the Authority.
      
      
   5. The registration of an agent with the Authority shall be valid for a period of one year and shall automatically lapse unless renewed.
      
      
   6. An application for renewal of by an agent shall be in the prescribed manner.
      
      
   7. An application for registration or renewal of registration by an agent shall be accompanied by the prescribed fees.
      
      
   8. The Authority shall develop a Code of Conduct and any other manual that shall bind all agents registered under the provisions of these regulations.
      
      
   9. The Authority may deregister an agent and shall gazette such registration on account of gross misconduct, failure to abide by the provisions of the Act or the Code of Conduct or non-performance for a continuous period of at least six months or in the public interest or for such other reasonable cause provided that the Executive Director shall hear such agent or grant such agent a reasonable opportunity to be heard before such registration.
      
      
   10. An agent deregistered by the Authority shall have the right of appeal against the decision to the High Court whose decision shall be final and conclusive.

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