Frequently Asked Questions (FAQs)

 

1. What is a counterfeit good?

• The international anti-counterfeiting coalition describes counterfeiting as “…the manufacturing or distribution of goods under someone else’s name and without their permission.”
• Counterfeiting is the violation of the rights of an Intellectual Property (IP) right owner. It is the use of someone else registered or protected trademark, copyright, patent or any IP right without authority from the owner.
• Counterfeit goods are fake copies of real products deceptively passed off as original or genuine products to consumers knowingly or unknowingly

 

2. What is intellectual property?

 IP refers to the intangible property that is the result of the creations of the mind, such as names and images, inventions, literary and artistic works, designs, and symbols.

 

3. What is the Anti-Counterfeit Authority, when was it established and what is its mandate?

• Government Agency to fight trade in counterfeit goods and promote protection of intellectual property rights in Kenya.
• Established by an act of parliament Anti-Counterfeit Act 2008
• Operationalized in 2010

 

4. Which are the most counterfeited Goods? 

Goods that are commonly counterfeited include electronics, motor-vehicle spare parts, stationeries, food and beverages, LPG, movies and music DVD’s, and petroleum products, Luxury Goods and Fashion Apparels, Phones and Computer Accessories etc. Counterfeiters are affecting every brand that is fast moving and can easily result to profits.

 

5. Where do counterfeit goods come from?

Far East Countries including South East Asia and China accounting for more than 80% of the number of goods seized overall. Where Kenyans have the capacity, we got local sources of counterfeits like alcoholic beverages and foodstuffs. 

 

6. How do you know if/when you've purchased counterfeits? 

In most cases consumers may not know that the products they've purchased are counterfeits. In most cases, consumers have noticed a different taste, consistency, or appearance of counterfeits. Consumer should be aware of products sold outside the usual distribution channels (place), price undercutting, packaging and personal experience with a product (4P’s) 

 

The 4p Salient Features

Check the price: Consumers should be weary of very low prices from none-government subsidized known trademarks. If it’s too cheap to be true, it probably is. Don’t fall a victim of buying products because of poor pricing. Consumers should verify the brand they are buying with the manufacturers if need be.

Check the Place; most known trademark owners the owners of the intellectual property have defined routes to their markets. They have known distributors, vans, production sites etc. It is important for consumers to purchase from the known outlets and avoid new merchants and online sites that may be conduits of counterfeit trade.

Check the Packaging and labeling: For inconsistencies and errors such as spelling, designs, poor packaging and product spillovers or dirty containers. These are indicators of nonconformity to known standards.

Your Perception: Most brand owners rely on the much earned brand loyalty derived from a nostalgic experience by buyers. By being repeat customers, they give manufacturers a competitive advantage a key possession to rational manufacturers. Consumers should trust their sense of smell, touch, sight in seeing any physical characteristics that is inconsistent with their experience.

 

7. What are the dangers of using counterfeits?

Health and safety: One of the biggest concerns is they are substandard and may have harmful ingredients since they are manufactured in unsanitary, unsafe conditions without any quality assurances. They may result to breakages, harm caused by side-effects and many more concerns. 

 

8. What are the consequences of counterfeiting?

Counterfeit consumer goods are often of inferior quality, made or sold under disguise of the original product.  Since counterfeits are produced illegally, they are often not manufactured to comply with the quality / standards and customs regulation. They are rarely made to meet the original respected company’s stringent quality standards, and often use lower-quality technology and materials. Most of them fail to meet safety standards and are harmful to consumers. By failing to meet revenue laws and regulations, the government cannot support an industry that drains its tax sources.

 

9. What can you do to help?

• Contact manufacturers or their agents for authentication of the product. 
• Share what you now know with family and friends. Help! I bought a counterfeit product. What do I do? 
• If you bought the product from a retail store, contact the manufacturer for advice. 
• Always retain the product. The product is your only proof of receiving a counterfeit. If returned, the seller will simply claim it is not a counterfeit and will likely sell it to another unsuspecting consumer. 
• Notify the seller you purchased a counterfeit, and you are retaining it for the manufacturer and authorities. Request a refund from the seller. 
• Leave negative feedback for the seller. Be civil but clear to protect others from being duped. Retain the product to support your feedback. 
• If the seller and/or website refuses a refund, hopefully you made the purchase on a credit card. Notify your credit card company you retained the counterfeit product and dispute the charge. 
• Notify authorities like the Anti-Counterfeit Agency, Kenya Bureau of Standards, the police, administrators or and the manufacturer. (You can do this using the "Report a counterfeit" portal on The Anti-Counterfeit website (www.aca.go.ke) or call our Toll-free No 0800211237

10. What is the government doing to protect us from counterfeits?

• We have the laws and institutional framework outlawing trade in counterfeits and all forms illicit trade.   
• We do profile and target operations and other Customs Actions against Counterfeit at major ports and airports in the country. 
• We have in place the National Action Plan against Illicit Trade that has the Anti-Illicit Enforcement working group coordinated by the Deputy Head of public service Mr. Wanyama Musiambo. The Multi-Agency started in 2017 includes KRA, DCI and Kenya Police, pharmacy and poisons Board, KEBS, Weights and Measures etc.
• We work in close co-operation with right holders, industry sectors concerned and private investigators and intellectual property experts under a Public- Private sector partnership model with Kenya Association of manufacturers, KEPSA, RETRACK, CoFek
• Amendments to the Anti-counterfeit act and other laws in line with emerging threats in counterfeiting. 
• International collaboration and co-operation with third country players, especially China and USA, and Interpol is further strengthened through exchange of intelligence on latest trafficking trends and dangerous consignments.

CONTACTS 

Headquarters
Nairobi, National Water Plaza,
3rd Floor, Dunga Road Junction Industrial Area,
P.O. Box, 47771-00100 (GPO), Nairobi, Kenya.

Toll-free No 0800211237
Hotline : 020 2280111, 0775-606660.
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Phone: +254 20-2280000, Fax: +254-20-2225124/31, Mobile: +254 717 430 640

Mombasa Office
Mombasa Trade Centre 5th Floor, Nkrumah Road
Tel: 041- 2220709

Kisumu
Alpha House, 4th Floor, Oginga Odinga Street
Tel: 0208000876

Eldoret
Kiptagich Building, 3rd Floor, Uganda Road
Tel: 0208000878

Satellite Offices:
Lunga Lunga, Isebania, Busia, JKIA, Moyale and Malaba Towns