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Kenya Marks World Anti-Counterfeit Day 2020 with Launch of First National Baseline Survey on the Extend of Counterfeiting and Illicit Trade in Kenya

The Anti-Counterfeit Authority led Kenyans commemorating this year’s WACD, in a number of ways. The event was preceded by the destruction of goods worth Ksh. 27 million (approximately US$270,000 at the ENVIRO-Safe EPZA grounds in Athi River on 3 June 2020. The counterfeit goods consisted of a range of items including fast moving consumer items and electronics marking a significant step in the continuous fight against trade in counterfeits and the protection of citizens against the harmful effects of counterfeits.

The National Baseline Survey on the Extent of Counterfeit and Other Forms of Illicit Trade in Kenya

The Anti Counterfeit Authority undertook a National Baseline Survey on Counterfeit and other Forms of Illicit Trade in Kenya in partnership with TradeMark East Africa (TMEA) through funding from the Department for International Development (DFID). The study was achieved through collaborative efforts of several players in the public, private and development sectors, which are supportive of the fight against illicit trade in Kenya. The study highlights the extent (magnitude, level and prevalence) of counterfeiting and other forms of illicit trade in Kenya and proposes key recommendations for stakeholders’ consideration.

According to the study conducted between October 2019 and February 2020, the Government revenue lost in 2018 stood at Kes 153.1 billion up from Kes 129.72 billion in 2017. From the sixteen (16) sectors of the economy that the study concentrated on, building, mining and construction was heavily affected by counterfeiting with a share of 23.37% in value of total illicit trade, followed by energy, electrical and electronics with a share of 14.67% in 2018.

The sector with the most government revenue loss was food, beverage and non-alcoholic drinks with a share of 23.19%, followed by textile and apparel at 20.09%. Thirty (30) percent of the firms were aware that their products were being counterfeited and sold in the market, whereas 56.4% of the sampled firms were not aware that their products are being counterfeited and sold in the market.

The study also cites piracy as a critical form of illicit trade. According to the findings, the loss of sales as a result of pirated products stood at KES 17 billion in 2018. Although the trend depicts marginal decline between 2017 and 2018, the loss as a result of total sales is quite high ranging between 37.69% and 42.14%, which is a clear indication of how piracy is wiping profitability of the affected firms and individuals.

From the survey, the total volume of illicit trade in Kenya stood at KES 726 billion in 2017 and increased to KES 826 billion in 2018. The significance of this level of illicit trade is illustrated by its share in GDP, which in 2017 and 2018 was 8.9% and 9.3% respectively. It was also established that the Kenya lost KES 153.1 billion in government revenue to illicit trade in 2018 which was an increase from 129.72 billion in 2017. The number of jobs lost as a result of illicit trade stood at 44,198 in 2018 with counterfeiting accounting for 21% of the jobs lost. The total reported sales losses stood at KES 89 billion and the investment opportunity lost as a result of illicit trade was KES 123 billion in 2018. From the consumer survey, the level of public awareness on matters of illicit trade stood at 64.14% with that of counterfeiting at 66.42% as at 2019.

 

Click on the link to download the National Baseline Survey On The Extent Of Counterfeit And Other Forms Of Illicit Trade In Kenya report

Click on the link to visit the National Observatory on Illicit Trade Dashboard

 

Call for Public Participation on the Draft Intellectual Property Bill, 2020

Intellectual property (IP) law is interested in protecting the product of human mind or product of creation.  IP is sometimes regarded as protecting the physical embodiment of an otherwise intangible asset. Currently, intellectual property law in Kenya is governed through many laws. For example, the Anti-Counterfeit Authority (ACA), deals with counterfeit goods and related rights, The Kenya Copyright Board (KECOBO) has the mandate of overseeing the administration of copyright and related rights, while the Kenya Industrial Property Institute (KIPI) deals with trademarks, patents, technology innovations and utility models.

ACA Destroys Goods Worth 27M KES in Athi River

The Anti-Counterfeit Authority in a series of events preceding the commemoration of this year’s World Anti-Counterfeit Day today destroyed counterfeit goods with Kes 27m at Athi River. The event was attended by the multi-agency enforcement team on counterfeit and illicit trade.

The counterfeit goods comprised of many assorted items ranging from fast moving consumer goods like clothing, footwear, alcohol, electrical goods and apparel among others which were replicas of popular local and international brand.

Upcoming Event: World Anti-Counterfeit Day 2020 Commemorations

When: Thursday 10th June 2020 is set for commemoration of World Anti-Counterfeit Day in Kenya.

Who: Government Agencies involved in the protection of Intellectual Property and the fight against counterfeiting and illicit trade. Stakeholders in the manufacturing sector, brand owners and or their Agents, scholars and researchers, Intellectual Property Rights Lawyers and students.

Time: 9.30 AM to 11AM
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Event: During the commemorations, we will have the opportunity to launch of the First National Baseline Survey against Counterfeiting and Illicit Trade in Kenya by live streaming on National TV Channels and ACA Online Platforms.

Invited Guests

  • Hon. Betty C. Maina, CBS, Cabinet Secretary, Ministry of Industrialization, Trade and Enterprise Development Principal Secretary
  • Wanyama Musiambo. Deputy Head of Public Service and Cordinator Multi-Agency Enforcement team against Illicit Trade
  • Ambassador Johnson Weru State Department for Trade
  • CEOs of various organizations and business associations in public in private sectors
  • Stakeholders from both public and private sectors as well as consumer representatives

About World Anti-Counterfeit Day

The World Anti Counterfeit Day (WACD) was initiated in 1998 by the Global Anti-Counterfeiting Group (GACG) with the main objective being to facilitate information exchange and sharing of best practices and to participate in appropriate joint enforcement and awareness activities to solve international IPR enforcement challenges. This year the GACG commemorated the day on 10th June 2019; while other countries all over the world follow suit within the month of June

Opinion Editorial - Consumers, Beware of Counterfeit Sanitizers as we Fight Covid-19 Pandemic

Last week, after a sanitized entry into a Taxi, the Uber driver remarked, “The government could be putting all the efforts to ensure compliance to use of sanitizers, but the worst enemy are Kenyan traders who deal with counterfeits. This can only accelerate the corona spread.

There is unspoken fear among populations on the possible outcomes of using counterfeit products in the wake of COVID 19. The fear has sunk to Kenyans on how counterfeit products can jeopardize their health and safety. Under ordinary circumstances, trade in counterfeits looks like harmless and victimless to the society. On several occasions, the Anti-counterfeit Authority Inspectors together with Kenya Police have had a rough time in downtown Nairobi dealing with riotous crowds during illicit trade operations. They had been profiled as anti-business and not promoters of trade. 

Press Release: Anti-Counterfeit Authority warns Kenyans against Counterfeit Sanitizers and Detergents

Nairobi, March 20th 2020: The Anti-Counterfeit Authority has today warned Kenyans to beware of the danger of counterfeit sanitizers and detergents in the market as the country takes preventive measures to stop the spread of COVID-19. The increased demand for these products poses an opportunity for criminals to capitalize on this vulnerability by selling counterfeit detergents and sanitizers.

The Executive Director, Anti-Counterfeit Authority Mr. Elema Halake said that some unscrupulous persons may take advantage of this situation to cash in on the Coronavirus pandemic to manufacture and trade in counterfeit sanitizers and detergents. The Authority is currently following some leads on suspected counterfeit sanitizers and detergents.

Mr. Halake encouraged Kenyans to be alert when buying these commodities. “We encourage Kenyans to beware and report any suspected cases to the Authority or any other law enforcement agency”.

Launch of the National Strategy to combat Illicit Trade

The Anti-Counterfeit Authority is pleased to announce the launch of the National Strategy to combat Illicit Trade in an event hosted by State Department of Trade in collaboration with other stakeholders on 20th June 2019 at Crowne Plaza, Nairobi. 

The event was graced by the Permanent Secretary, State Department of Trade, Dr. Chris Kiptoo, and brought together representatives from all the agencies represented in the Anti-Illicit Trade Multi-Agency Team as well as the private sector led by the Kenya Association of Manufacturers (KAM) and the Kenya Private Sector Alliance (KEPSA). 

County Security Committee Sensitization Forums Launched

Launch comes after the rollout of the National Action Plan Against Illicit trade.

The Anti-Counterfeit Authority (ACA) has launched a nationwide series of engagement with the County Security Committees in a bid to fight trade in counterfeits and illicit trade across the country.

Speaking at the event, the Deputy Head of Public Service, Mr. Wanyama Musiambo said “Fighting illicit economy requires a range of solutions from partnerships, technology to changes in public policy. We are engaging county securities committees because they have grassroot representation to enforce the law and create public awareness to our consumers”. These partnerships are part of the deliverables of the National Action Plan for combating Illicit Trade in Kenya that was launched in June this year. The Action Plan lays down the levels of engagement and steps that be taken to reduce the illicit trade at the county level.

KSH 4.9 Million Counterfeit Goods Destroyed in Mombasa, Kenya

Another Success in the Fight against Counterfeiting 

Mombasa, 13th, September 2019. 

Sustaining its gains in intellectual property rights enforcement, thousands of counterfeit goods were destroyed this morning by the Anti-Counterfeit Authority in the coastal city of Mombasa Kenya. This is one of the one of its biggest condemnations of confiscated smuggled products this year in the area. 

The Chair of the Board of the Anti-Counterfeit Authority, Ms. Flora Mutahi said the condemned goods worth at least Ksh 4.9 M consisted of various items ranging from fast moving consumer goods like mobile phones, electrical goods, clothing, cosmetics and apparel and stationery, which were replicas of popular local and international brands. This is in violation of the Anti-Counterfeit Act 2008 law of Kenya. 

Upcoming Event: World Anti-Counterfeit Day 2019 Commemorations

When: Thursday 20th June 2019 is set for commemoration of World Anti-Counterfeit Day in Kenya.

Who: To mark this day Government Agencies involved in the multi-agency approach against counterfeiting and illicit trade as well as brand owners are coming together to debate the threats from the manufacture and trade in counterfeits at the Export Processing Zones Authority grounds Athi River between 8.30 AM and 1.30 PM.


Event: During the commemorations, we will have the opportunity to launch the National Anti-Illicit Trade Action Plan 2019/22 Action Plan with the climax of the day being the destruction of counterfeit goods with an estimated value of Ksh 23.8 Million at the Enviro Safe site within EPZA grounds, Athi River.

Invited Guests

  • Cabinet Secretary - Ministry of Trade Industry & Co-operatives – Hon. Peter Munya, EGH
  • Principal Secretary - State Department for Trade, Ministry of Trade Industry & Co-operatives – Dr. Chris Kiptoo, CB
  • Principal Secretary – State Department of Investment and Industry, Ministry of Trade Industry & Co-operatives- Ms. Betty Maina, MBS
  • CEOs of various organizations and business associations in public in private sectors
  • Stakeholders from both public and private sectors as well as consumer representatives

About World Anti-Counterfeit Day 2019

The World Anti Counterfeit Day (WACD) was initiated in 1998 by the Global Anti-Counterfeiting Group (GACG) with the main objective being to facilitate information exchange and sharing of best practices and to participate in appropriate joint enforcement and awareness activities to solve international IPR enforcement challenges. This year the GACG commemorated the day on 6th June 2019; while other countries all over the world follow suit within the month of June.

Country-wide ‘Innovation Pipeline Workshops’ to raise awareness among SMEs.

The Authority has partnered with Kenya Bureau of Standards in joint innovation centered workshops whose objective is to provide MSMEs with a one stop shop of information in order to give them access to knowledge on business processes, standardization and industrialization in Kenya and internationally. The theme of the workshops is: MSME Development and Trade Facilitation.

The workshops are organized with presentations from other government agencies from the Ministry of Industry, Trade and Cooperatives and other relevant regulators and business financiers. Among them are Ken-Invest, ACA, Youth Fund, The Jua Kali Federation, ICDC and EPZ among others.

The first in a series of eight workshops planned across the country started in Nairobi and headed to Garissa County last week in North-Eastern Kenya. The conference was attended by participants and speakers from SMEs and start-ups, industry, public institution, and regulatory Agencies from the region.

In her welcome addresses, M/s. Zeyana M. Abdullah the Marketing and Communication Manager at the KEBS, underlined the need to raise awareness among businesses of the value of innovation and the route to fruitful commercialization with a particular focus on increased industrialization in the country.

"We have to stay in a dialogue with all of the actors of the innovation ecosystem in order to jointly address the challenges and opportunities that are in the country to achieve the Big 4 Agenda as well as Vision 2030," Zeyana M. Abdullah said.

Several presenters from Government regulatory agencies shared their mandates and discussed ways of assistance to the start-up groups. The conference also delved deeper into legal aspects and looked at regulations and licenses needed that can affect the future commercialization of an invention.

Invitation to Public Participation on the Draft Anti-Counterfeit (Amendment) Regulations, 2019

The Cabinet Secretary for Industry, Trade & Cooperatives in exercise of the powers bestowed upon him by the provisions of Section 37 of the Anti-Counterfeit Act has proposed amendments to the Anti-Counterfeit Regulations, 2010.

The Cabinet Secretary invites all stakeholders to give their input to the draft Anti-Counterfeit {Amendment} Regulations, 2019 and the draft Anti-Counterfeit {Recordation} Regulations, 2019 in accordance with the requirements of the Statutory Instruments Act and the Constitution on public participation.

A consultative forum has been scheduled to be held at The Boma Hotel Nairobi on 16th May 2019 starting at 8:30AM.

The aforesaid draft Regulations may be downloaded from the website of the Anti-Counterfeit Authority www.aca.go.ke. Any comment, enquiry or concern can be sent via email: This email address is being protected from spambots. You need JavaScript enabled to view it. or SMS/WhatsApp on 0707 967 057.

 

Download the draft Anti-Counterfeit {Amendment} Regulations, 2019.

Download the draft Anti-Counterfeit {Recordation} Regulations, 2019

Mobile Stores Raided, 213 Fake Phones Seized Worth Over KSH 10 Million

More than KSH 10 million worth of Counterfeit Samsung Phones plus accessories have been seized from a sting counterfeit mobile phone operation by Inspectors from Anti-Counterfeit Authority. The officers raided several seven mobile phone outlets in downtown Nairobi along Mfangano Street and seized 213 counterfeit mobile phones. The street is graded as a notorious hotspot for selling counterfeits in the city. The operation which was conducted in collaboration with the Anti-Illicit Trade Agency Limited, the appointed Samsung Brand Protection Agency.

ACA Inspectors Raid Counterfeit Home Baking Flour Manufacturing Factory in Runyenjes, Embu County

Factory found packaging fake ‘Golden Ngano’ home baking floor a Trademark of Uzuri Food K Ltd.

ACA Inspectors on Thursday 21st March 2019 following a complaint filed by Uzuri Food K Ltd raided and shut down a factory in Runyenjes Town, Embu County. Over 25 Tons of counterfeit home baking wheat flour and 23,500 pieces of packaging materials worth over Ksh10 million were seized. Two people including the owner were arrested and will be charged with manufacturing counterfeit goods contrary to section 32 of the Anti-Counterfeit Act 2008.

Validation of National Strategy to Combat Illicit Trade

Event on the validation of the First National Strategy to combat illicit trade for the next five years. 

The validation forum follows the need for a structured engagement within government agencies and the private sector in the fight against illicit trade took place on 5th March 2019 at the Crowne Plaza Hotel, Nairobi. 

Award comes at a time when ACA has recently been elevated to a full Authority in December 2018, as per the Statutes Law (Miscellaneous Amendments) Act 2018


Nairobi, Tuesday 29th January 2019. The Anti-Counterfeit Authority was today recognized by Dolby Laboratories Inc. for the agency’s efforts in enhancing the protection of intellectual property rights.

The recognition comes at a time when the government, through the State Department of Trade has ramped up its efforts to combat illicit trade, through the Multi - Agency Anti-Illicit Trade Outreach (MAAITO). The multi-agency team coordinated from the Office of the President under the Deputy Head of Public Service, Mr. Wanyama Musiambo. This has seen building of synergizes and coordinated efforts of the different stakeholders with more than Ksh. 80 billion worth of illicit goods seized over a period of 4 months between June-September 2018.

The Executive Director of the Anti-Counterfeit Agency under the invitation of the Anti-Counterfeit Network based in Kampala attended the 1st CEO Structured Dialogue on COunterfeits. The event was graced by the chief justice of Uganda and CEOs from both public and private sector institutions with some of the participants coming from outside East Africa, more specifically Zimbabwe.

During the event anti-counterfeit resolutions that centre around legislation, regulation, enforcement, technology and communication were signed by various stakeholders.

The Anti-Counterfeit Agency (ACA) has today signed a financing agreement worth US Dollars One Million Five Hundred Thousand ($1,500,000) towards supporting digitalisation of its operations and services. The funding comes from the UK Department for International Development (DFID) channeled through TradeMark East Africa (TMEA), who will provide technical and project financing support to the Agency with the aim to better and efficiently serve their stakeholders nationally, regionally and globally. 

Contacts

Anti-Counterfeit Authority (ACA)
National Water Plaza
3rd Flr, Dunga Rd Industrial Area,
P.O. Box, 47771-00100 (GPO), Nairobi, Kenya.
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