Kenya has given a major step concerning anti-counterfeiting by approving a Customs Recordal Application system. This procedure will be made possible by an amendment to the Kenyan Anti-Counterfeiting Act No. 13 of 2008.
Inspired by the South African Counterfeit Goods Act 37 of 1997, the Kenyan Anti-Counterfeiting Act 2008, empowers the authorities to act in several scenarios, including the possibility to enter premises, seize counterfeit goods and arrest suspects. It also gives the chance for Intellectual Property asset owners to request the authorities to seize suspected counterfeit goods.
Furthermore, the Customs Recordal Application procedures include a wide range of requirements, such as:
The applicants detailed information
Indication of the products manufacture country
Clear identification of the trademarked goods – by sample or clear photographic presentation
Certified copy of the trademark registration certificate
These are only some details of the procedure that is very complex and expensive. Once completed it concedes protection for a year period, starting on the application date and with the renewal possibility.
More details will be made available soon, as well as the date the new framework will be in force.