KENYA’S ANTI-COUNTERFEITING AGENCY OPEN FOR BUSINESS
The Kenyan Anti-Counterfeit Regulations, 2010 were recently published breathing life into the Anti-Counterfeit Agency (ACA) created by the Anti-Counterfeit Act, 13 of 2008. Suspension of the Act was widely reported earlier this year, but it seems the ACA is now open for business.
Broadly speaking, the Act and Regulations seek to create a framework of enforcement which is comparable to that which is in place in South Africa, for example the provision made for the appointment of inspectors who may act on complaints filed with the ACA.
Any intellectual property right owner (or its agent) may file a complaint with the Executive Director of the Agency. More importantly, the Regulations also provide for intellectual property rights holders to register their trade mark rights with the ACA. This is intended to provide the Agency with a database of rights to be enforced, similar to those created by Customs recordals in various countries throughout the world. Interestingly, the public will be able to search the ACA database, extending the awareness of these rights beyond law enforcement agencies such as the ACA.
Early indications are that such registrations will help rights holders to mobilise the ACA and its inspectors to pro-actively police their rights. Rights holders with an interest and/or rights in Kenya are encouraged to consider the advantages of their trade mark rights entered on the ACA database. Supporting the efforts of the ACA can only enhance IP enforcement in the region.
For more information on this please contact Marius Haman at m.haman@bowman.co.za or +27 11 669 9695.
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