The Anti-Counterfeit Authority is touting a plan to partner with Kenya’s Digital Markets to ensure that the e-commerce platforms are not conduits of counterfeiting. The plan is to have online platform owners evaluate their vendor base to ensure that they meet certain requirements to weed out rogue sellers who trade in counterfeits.

The plan was unveiled in a meeting with representatives from leading Kenyan Digital markets. The meeting came in the wake of increased cases of reported online counterfeiting that have shifted to online platforms, social media, and instant messaging services. Counterfeiters are now using popular digital domains to distribute their products to consumers who buy them unknowingly.

Speaking at the meeting, the Nairobi Region Head of Enforcement Mr. Martin Lurther cautioned attendants that “Online counterfeiting is a crime just like physical counterfeiting”. He added that; “Online counterfeiting is a form of cyber-crime in the country. It is the responsibility of e-commerce platforms operators to sanctify their trade to avoid criminal liability”. ISP (Internet Service Providers) who allow counterfeiting has a contributory liability in connection with counterfeiting.

The Authority has in the past conducted research to determine the level of online counterfeiting in the country. The studies found that the levels stood at 18% in 2017 and grew up to 20% in 2022. The increase was attributed to increased counterfeiting during the COVID-19 pandemic due to social distancing and fewer physical interactions, perpetrators adjusted their business models by offering for sale counterfeit products through online channels.

The meeting called for the establishment of a collaboration framework for enforcement, public awareness, and sharing of information. Participants resolved to support the efforts of law enforcement authorities in the fight against Intellectual Property crime.