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Implementation of Recordation of Intellectual Property Rights for Imports

Implementation of Recordation of Intellectual Property Rights for Imports

Public Notice No. 3/2022

Anti-Counterfeit Authority (ACA) is a statutory body established under the Anti-Counterfeit Act of 2008. ACA is the principal government agency mandated to prohibit trade in counterfeit goods in Kenya.

Following the Extension of the deadline for the commencement of the Recordation of IP Rights for Imports from 1st July 2022 to 1st January 2023 (six months), the Authority wishes to inform stakeholders and members of the public that ACA will commence the Recordation of IP Rights for Imports on 1st January 2023.

The recordation exercise is being carried out in accordance with Section 34B of the Anti-Counterfeit Act, as well as Legal Notices Nos. 117 and 118 of 2021.

Recordation is a trade facilitation measure aimed at promoting legitimate trade and proactively protecting Intellectual Property Rights by ACA and other government agencies through verification of imports.

Importers will benefit from reduced clearance time and losses arising from enforcement interventions at the point of entry or in the market.

The public and stakeholders are further notified that:

  1. ACA has prioritized the operationalization of HS codes relating to the following categories of products: Alcoholic beverages, Pharmaceuticals, Electricals and electronics, Apparel/clothing, Footwear and Cosmetics

  2. All recorded IPRs shall be accorded proactive protection against counterfeit imports under the provisions of the Anti-Counterfeit Act.

  3. For a coordinated and effective implementation of Recordation, the Authority will be utilizing Kentrade's Single Window System vide tfp.kenyatradenet.go.ke for processing of IPR declarations for imported goods and with KEBS for pre-import inspection of goods.

  4. The Recordation will adopt a phased approach so as to facilitate continuous compliance by importers. The importers are encouraged to familiarize themselves with ACA's Aims portal, which is accessible at https://public.aims.aca.go.ke

  5. IPR owners will continue making applications either directly or through preferred IPR agents. 6. IPR agents and importers are notified to register with ACA through the ACA public portal Recordation programme is a fair trade facilitation measure, and ACA wants to reassure all stakeholders of our commitment to innovative steps in the fight against counterfeit trade in the country. For more information, visit our website at www.aca.go.ke, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. or call +254 20 228 0000 /+254 717 430 640.

Executive Director Anti-Counterfeit Authority

Contacts

Anti-Counterfeit Authority (ACA)
National Water Plaza
3rd Flr, Dunga Rd Industrial Area,
P.O. Box, 47771-00100 (GPO), Nairobi, Kenya.
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Phone: +254 20-2280000
Mobile: +254 717 430 640

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