Kenya - IP Case Study - IPR Customs protection

A French company was selling its products in South Sudan. Although it had no market in Kenya, it had protected its trade mark in Kenya under the Madrid Protocol and had established its office for South Sudan in Kenya. Out of the blue, their Kenyan office was informed of the seizure of goods suspected of infringing their trade marks rights by the Anti Counterfeit Authority at a seaport. As the company did not sell its products in Kenya, it suspected that the goods had been brought by sea into Kenya and would later have been transported by trucks into South Sudan.