Skip to content

The Anti-Counterfeit Act – No. 13 of 2008

Brand Protection, Enforcement, IP, IPR

This act establishes the Authority responsible for combating counterfeit goods in Kenya. It outlines the functions and powers of the Authority, such as the appointment of inspectors and the seizure of counterfeit goods. The act also includes provisions for the financial management of the Authority and penalties for offenses related to counterfeit goods. Additionally, it provides regulations for the conduct of the Authority’s business and affairs.

Counterfeiting

According to the Anti-Counterfeit Act of Kenya, No. 13 of 2008, counterfeiting is defined as taking actions without the authority of the owner of intellectual property right subsisting in Kenya or outside Kenya in respect of protected goods. These actions include the manufacture, production, packaging, re-packaging, labeling, or making of any goods, whether in Kenya or elsewhere, that infringe on the protected intellectual property rights.

Inspection

Part IV of the Anti-Counterfeit Act of Kenya, No. 13 of 2008, focuses on the enforcement of intellectual property rights and the powers of inspectors. It outlines the procedures for obtaining search warrants, conducting searches, and seizing counterfeit goods. Inspectors have the authority to enter premises, seize goods, and gather evidence related to counterfeiting offenses. The Act also prohibits the disclosure of information obtained during inspections and imposes penalties for unauthorized disclosure. Overall, Part IV aims to strengthen the enforcement of intellectual property rights and combat counterfeiting in Kenya.

SOURCES:

Page 20: Sections 32 and 33 of the Anti-Counterfeit Act of Kenya, No. 13 of 2008.

Page 22: Section 34 of the Anti-Counterfeit Act of Kenya, No. 13 of 2008.

Penalties

  1. First Conviction: A person convicted of an offense under section 32 (dealing in counterfeit goods) may face imprisonment for a term not exceeding five years, or a fine not less than three times the value of the prevailing retail price of the goods involved in the offense, or both.
  2. Second or Subsequent Conviction: If a person is convicted for a second or subsequent offense under section 32, they may face imprisonment for a term not exceeding fifteen years, or a fine not less than five times the value of the prevailing retail price of the goods, or both.

These penalties aim to deter individuals from engaging in activities related to counterfeit goods and protect the rights of intellectual property owners.

 

SOURCES:

Page 35: Anti-Counterfeit Act, 2008

Destruction of Counterfeit goods

The Anti-Counterfeit Act of Kenya does outline procedures for the destruction of counterfeit goods. According to the Act, if a person is convicted of an offense related to dealing in counterfeit goods, the court may order that any goods seized and detained in relation to the offense be forfeited to the government for destruction at the expense of the convicted person. Additionally, if a person is charged with an offense under the Act and either absconds or the counterfeit goods seized are not claimed, an inspector may apply to have the counterfeit goods forfeited to the state for destruction.

 

SOURCES:

Page 19: “The court before which a person is charged with an offence under this Act shall, whether such person is convicted of the offence or not, order that any goods in his possession which appear to the court to be counterfeit goods or to be tools used or intended to be used for making counterfeit goods, be destroyed or otherwise dealt with as the court may deem appropriate.”

Page 19: “Where a person charged with an offence under this Act absconds and does not appear in court or where counterfeit goods are seized but are not claimed, an inspector may apply to have the counterfeit goods forfeited to the State for destruction.”

Post Tags:

ACA, Brand Protection, Inspection, Private Investigations, Security

About Us

Probequest Consult is a private investigation firm based in Nairobi, Kenya with over a decade’s worth of collective experience in Sub-Saharan Africa.