Complaint

Complaint number
NTB-001-108  
NTB Type
3. Technical barriers to trade (TBT)  
NTM Code
B9: TBT Measures n.e.s. 
Complaint
A South African Exporter has reported that the Kenyan authorities have issued notification on new requirements for exporters and importers to record all trademarks in aid to protect intellectual properties and prevent importation of counterfeit goods into Kenya under the Anti-Counterfeit Act, No. 13 of 2008. This requirement, while it is , has cost implications to the Wine industry of South Africa who have to incur additional costs to enforce it. Further, it is not clear how it will work in practice or how it will be managed especially that applications are done on line and that the registration has 1 year validity, after which it has to be renewed annually.The cost to record is estimated at USD25 000 for the Brands exported to Kenya. The exporters also have the same products analyzed by ISO 17025 labs and pay USD265 per container to confirm full compliance.

The Exporter is of the view that whenever products are to be exported, are certified by SGS as to who the proprietors of the products are. The annual required registration would result in increased cost of the products.  
Progress update note
 
Policy or regulatory NTB
No 
Location
Kenya: Kenya Bureau of Standards (Government institution)  
Reporting Country or Region
South Africa  
Country specific trade issue
No  
Date of incident
2023-05-02  
Status
In process  
Product Description
Wine of fresh grapes, that include fortified wines and grape of fermertation has been arrested by additional alcohol in containers


 
Total value
0  
Date reported
2023-05-08 12:34  
Modified
2023-08-04 11:11