Africa: Kenyan authorities propose changes to the ACA and IPA

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Africa: Kenyan authorities propose changes to the ACA and IPA

The Kenyan authorities have published a bill, the Statute Law (Miscellaneous Amendments) Bill 2018 (the Bill), which proposes significant changes to two pieces of IP legislation.

The amendments proposed to the Anti-Counterfeit Act 2008 are controversial. They effectively create a dual trade mark registration system. All trade marks relating to goods being imported into Kenya will need to be recorded with the Anti-Counterfeit Authority (ACA). What makes dual registration mandatory is the fact that it will be an offence for an importer to import goods bearing a trade mark that has not been recorded with the ACA, and a trade mark registration will be required in order for the trade mark to be recorded at the ACA. The recordal provisions apply not only to trade marks but also to "copyrights, trade names or any other form of intellectual property rights", despite the fact that there is no copyright registration in Kenya. Importers will be issued with a "certification mark" in the form of an anti-counterfeit security device. The ACA will have the power to seize and destroy any imported goods that do not bear the anti-counterfeit device.

The Bill creates some interesting offences. It will be an offence to import into Kenya any unbranded goods except raw materials. It will be an offence to fail to or falsely declare "the quantity or the intellectual property right subsisting in any goods being imported into Kenya."

The amendments proposed to the Industrial Property Act 2001 (IPA) deal with patents and designs. For patents, the Bill says that a patentee must disclose "the best mode" for carrying out the invention, and that in cases of joint ownership, third parties may only carry out certain acts with joint permission from joint owners. For industrial designs, the Bill specifically excludes anything that serves solely to obtain a technical result, methods or principles of manufacture or construction, and creations of a purely artistic nature. It also introduces some new definitions, a new novelty provision, and provisions regarding the confidentiality of an application before publication.

Hopefully the Kenyan authorities will reconsider some of the amendments proposed to the Anti-Counterfeit Act.

Wayne Meiring


Spoor & Fisher JerseyAfrica House, Castle StreetSt Helier, Jersey JE4 9TWChannel IslandsTel: +44 1534 838000

Fax: +44 1534 838001

info@spoor.co.ukwww.spoor.com

more from across site and SHARED ros bottom lb

More from across our site

Updates from IP offices, the shifting requirements of in-house counsel, and news of London 2026 were among major talking points on Sunday
Etienne Sanz de Acedo discusses the association’s three-year plan, what he is looking forward to in San Diego, and why London came calling for 2026
Professionals from three organisations reveal what led them to sponsor Brand Action and why doing so can build camaraderie
The results of a UK government consultation on the exhaustion of IP rights and an annual review published by the EPO’s Boards of Appeal were also among the top talking points this week
The decision disregards Perlmutter’s work at the US Copyright Office and comes at a time when strong leadership and expertise are crucial
Sources say the decision to fire Shira Perlmutter raises constitutional concerns and speculate on what the decision could mean for the country’s approach to AI
India has formally liberalised its legal market, allowing foreign firms to open offices in the country and provide advisory services
Rachelle Downie, who joined K&L Gates’s Melbourne office in January, discusses how working at a global firm with a strong life sciences focus is helping her win more business
Alexander Bjørnå, Aera’s first hire in Norway, explains why it’s the right time to disrupt the country’s ‘traditional’ IP market
Natasha Ahmed said she was drawn to the firm’s commitment to artificial intelligence and tech transactions
Gift this article