Background

The Anti-Counterfeit Authority (ACA) is a State Corporation in Kenya, established under the Anti-Counterfeit Act, No. 13 of 2008. Its principal mandate is to combat counterfeiting and protect the rights of legitimate businesses and consumers, thereby fostering a secure and competitive economic environment.

While the Act was passed by Parliament in 2008, it commenced on 1st July 2009. The Authority became fully operational in June 2010. It is currently a State Corporation within the Ministry of Investments, Trade and Industry (MITI) .

Core Mandate
As defined by the Act, the ACA's primary functions are to:

Enforcement: Prohibit and combat the trade, dealing in, and manufacture of counterfeit goods.
Public Awareness: Enlighten and inform the public on the dangers of counterfeiting and methods to identify illicit goods.
Capacity Building: Devise and promote training programs for enforcement officers and other stakeholders to enhance the effectiveness of anti-counterfeiting efforts.
Stakeholder Collaboration: Coordinate and liaise with national, regional, and international organizations involved in combating counterfeiting to ensure a unified and effective global response.

A Future-Ready Authority

To remain effective in a rapidly evolving global marketplace, the ACA is strategically positioning itself for the future.

This forward-looking approach involves:

Combating Digital Counterfeiting: Adapting enforcement strategies to tackle the rise in counterfeit goods sold through online marketplaces and social media platforms. This includes building capacity for cyber-investigations and collaborating with e-commerce platforms.
Embracing Technology for Enforcement: Leveraging advanced technologies, such as track-and-trace systems, authentication tools, and data analytics, to enhance border control, supply chain integrity, and market surveillance.
Strengthening Legal and Policy Frameworks: Actively contributing to the evolution of the legal landscape. This includes engaging with proposed legislation like the Anti-Counterfeit Amendment Bill to address emerging challenges, close legal gaps, and ensure penalties remain a sufficient deterrent. This also involves integrating with continental frameworks like the African Continental Free Trade Area (AfCFTA) to ensure robust IP protection across borders.
Proactive Public-Private Partnerships: Deepening collaboration with industry players, brand owners, and private investigation firms to share intelligence, build capacity, and streamline the process of identifying and removing fakes from the supply chain.
Focusing on Consumer Empowerment: Moving beyond general awareness to create digital tools and campaigns that empower consumers to verify product authenticity and report suspicious goods instantly, turning them into active partners in the fight against counterfeiting.”