Anti-counterfeiting policy: significant changes in Kenyan IP law

Based on the new regulation, any IP right owner who has a trademark/design/patent in Kenya and any company which imports goods manufactured outside Kenya into Kenya must record it with ACA no later than 1 January, 2023.

ACA recordal is compulsory only for entities importing finished products manufactured outside Kenya into Kenya. The following products/services are not subject to the ACA recordal process: raw materials/unfinished goods, transit/transhipment goods, services rendered in Kenya. ACA recordal is voluntary in the case of products manufactured in Kenya.

Failure to record with ACA can mean the seizure of goods imported into Kenya, fines, and imprisonment. ACA recordal is to be renewed each year.

We can assist you in the ACA recordal process if your company imports goods manufactured outside Kenya into said country.

Authored by Paola Ruggiero and Ilaria Milan

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