Anti-Counterfeit Authority Marks World Anti-Counterfeit Day with Launch of Intellectual Property Recordation for Imports to curb the growth of counterfeit trade

Nairobi, June 15th 2022:  

The Anti-Counterfeit Authority (ACA) today joined the rest of the world in commemoration of the World Anti-Counterfeit Da. The day is globally organized by the Global Anti-Counterfeiting Group (GACG) - an international network of national and regional IPR enforcement and protection organizations. In Africa, Kenya is the only member of the GACG through the Anti-Counterfeit Authority from East Africa, besides Nigeria and Zimbabwe. 

The day brings together National and international IP organizations to raise public awareness of the negative impact of counterfeit and pirated goods on the health, safety and security of consumers raise The theme of this year’s campaign is to ‘This year’s theme: “Leveraging on Technology to Combat Counterfeiting” went at par with planned launch of the Intellectual Property Recordation System for all imports into the country. 

Ms. Fridah Kaberia, the Acting Executive Director at the Anti-Counterfeit Authority said, “Recordation is a game changer in the war against counterfeits. We are seeking to create Intellectual Property Rights Database that will be used by officers at border points to easily flag counterfeits before entering into the market”. 

She added that the theme “This is an innovative technology measure that will use image processing software to assist custom and border point inspectors to have brand information and counter entry of counterfeits into the country”. 

The Anti-Counterfeit Authority Chairperson Ms. Flora Mutahi said the launch comes amidst revelations from the National baseline survey on counterfeiting and illicit trade of that found the magnitude of illicit trade in Kenya rose from Kshs 726 billion in 2017 to Kshs 826 billion in 2018. Kenya is currently losing between Sh85 billion and Sh100 billion annually to counterfeiting activities.  

“The war against counterfeiting can be won by dealing with the supply of counterfeits through enforcement and the demand for counterfeits through sensitization of the public about the dangers of counterfeiting. We have strategized our public awareness approach to target key sectors of the economy in order to translate to a low demand for counterfeit goods”. Ms. Mutahi 

According to ACA’s research, the level of public awareness on counterfeiting stood at 66% in 2018, yet 88.7 per cent of consumers in Kenya buy counterfeit goods for various reasons including being cheaper compared to original brands. The statistics show there is little behavior change among consumers away from counterfeit goods and this calls for a change in the strategy. 

In an effort to address The Anti-Counterfeit Authority (ACA) has renewed its effort to curb counterfeit trade by introducing more stringent measures. 

The Authority has strengthened its legal regime by enacting the Anti-Counterfeit (Recordation) Regulations, 2010. In implementing the regulations, the Authority has rolled out the intellectual property rights (IPR) recordation process. 

IPR Recordation involves the creation of a database of IPR information relating to trademarks, copyrights, trade names, or any other protected intellectual property rights, for all goods to be imported into Kenya.  

The Chief Guest the Deputy Head of Public Service, Mr. Wanyama Musiambo and the national coordinator of the enforcement Multi - Agency Team against illicit trade in Kenya called for increased collaboration within government agencies and the and the private sector in order to eliminate counterfeit and illicit trade, for health, safety and prosperity of Kenyans.  

IPR Recordation has been lauded as one of the most effective international best practices in prohibiting the importation of counterfeit goods. “It will untimely improve information on the magnitude and effects of counterfeiting on the economy, which in turn will enable the government develop more effective policies and programmes to combat the illicit practices”. said Mr. Musiambo at the event.