Section 34 of the Act read with the Regulations of 2010 provide that a trade mark proprietor may apply to the Commissioner of the Kenya Revenue Authority (KRA) for a recordal of its intellectual property rights.
The effect of an approved application with KRA is that it empowers the Commissioner to detain suspected counterfeit goods imported into Kenya.
The application for recordal is accompanied by:
• a power of attorney;
• an indemnity in favour of KRA;
• proof of the applicant’s intellectual property right;
• an affidavit sworn to by an authorised representative of the applicant;
• a specimen of the genuine goods which are sought to be protected; and
• payment of an official fee.
It must be satisfied that there is a prima facie case that:
– the goods claimed to be protected are, in fact, protected;
– the IP right(s) on which the application is based subsists; and
– the applicant is the owner of the IP right.
In view of the simplified processes set out above, it is recommended that brand holders consider recording their intellectual property rights with KRA.
Christian Dudieu DJOMGA