The Anti-counterfeit Act, 2008 defines counterfeiting to include; the manufacturing, production, packaging, re-packaging, labelling or making of protected goods whereby those protected goods are imitated. Simply it’s the violation of trademarks, industrial designs, and geographical indications, copyright and related rights. Counterfeiting is also a billion-dollar industry which is widespread and rampant throughout the world but more so among low-income economies like Kenya.

Counterfeiting is a global problem of enormous magnitude; counterfeit products are becoming a major problem to Manufacturers, consumers, innovators and traders in Kenya and globally market. The intent is to confuse or deceive consumers as to their quality, source, origin or legitimacy.

The study aims to provide a data on the level of counterfeiting in Kenya which will be used to inform policies on anti-counterfeiting activities and form a benchmark upon which impact can be assessed. Finally, the conclusions drawn together the main results of this exercise, along with a number of suggestions for Anti-Counterfeit Agency, government and supranational policies that should reduce the extent of counterfeiting activity in Kenya.

It is therefore important to determine the nature and extent of counterfeiting in the country, with the aim of providing recommendations on how to mitigate this menace. This study was therefore aimed at informing the government, the Anti-Counterfeit Agency and other enforcement agencies, on the trends, magnitude and impact of counterfeiting. This will enable them to better respond to the problem and provide appropriate policies and incentives to encourage innovations, whilst curbing IP violations. It will also assist the government in developing strategies to mitigate the problem and treat the counterfeit problem seriously and systematically.

The study revealed among many other parameters that the level of counterfeiting in urban Kenya stands at 23.86%.