The Kenyan Anti-Counterfeiting Authority (ACA) has recently adopted a further measure to combat imports of counterfeit foods into Kenya, by facilitating seizure of counterfeit goods at the ports of entry. Businesses have been set a deadline of 1 July 2022 to register their IP rights with the ACA for any goods that they wish to import to Kenya, irrespective of their place of origin. The new Regulations affect all businesses importing branded goods into Kenya across all key sectors, including car parts, food and beverages, tobacco products, computer components and software, medicines, designer clothes, and cosmetics except for unbranded raw materials or unfinished goods. Failure by importers to adhere to this requirement constitutes an offence which may be prosecuted in Court. Further, ACA has the discretionary power to seize and destroy any goods bearing IP Rights which have not been separately recorded with the ACA.
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