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Media Forum on Intellectual Property

Mombasa and coast region-based journalists attended ACA workshop on the role of media in the promotion Intellectual property rights (IPR).

The Anti-Counterfeit Authority hosted thirty (30) Mombasa and Kenya’s coast region journalists to a half-day workshop on Intellectual Property Rights (IPR) promotion. The breakfast meeting cum workshop, was held on Friday, Nov 6, 2020 at the Mombasa Beach Hotel. The interactive forum was organized in collaboration with the Media Council of Kenya and had a dynamic program with presentations by intellectual property experts from the Anti-Counterfeit Authority.

The topics included Intellectual Property Enforcement in Kenya and the Role of Media in Intellectual Property Rights promotion. Participants were taken through the journey in the war against counterfeits and illicit trade in Kenya, global IPR protection and enforcement strategies, Kenya's government efforts in the war against counterfeits and illicit trade. They gained deeper understanding of patents, trademarks, copyrights and illicit trade issues and met one-on-one with intellectual property experts.

ACA Board of Directors Announces the Appointment of M/s. Fridah Kaberia to the Position of Acting Executive Director

The Board of Directors of Anti-Counterfeit Authority is pleased to announce the appointment of Ms. Fridah Kaberia to the position of acting Executive Director for the Authority. The appointment follows the exit of Mr. Elema Halake, the former Executive Director who left after the expiry of his contract having served the Authority for a period of three (3) years and three (3) months.

Ms. Kaberia previously served as the Deputy Director in charge of Corporate Services as well as performing the functions of the Corporation Secretary. She has been instrumental in developing the overall ACA corporate strategy, overseeing key functions of Human Resource & Administration, Finance and Accounts, ICT and Public Communication.

Chief Justice Hon. David Maraga launches the Revised 2nd Edition of the Enforcement Manual to Combat Illicit Trade in Kenya

Despite Kenya having various laws and regulations to curb illicit trade, the legal regime has not done much to stop illicit trade in the country. As a result of this, government agencies tasked with fighting illicit trade came up with the inaugural edition of the Enforcement Manual to Combat Illicit Trade in Kenya in 2014 to address enforcement concern against this trade.

The second edition, a revised edition was launched yesterday by the Chief Justice and President of the Supreme Court of Kenya Hon. Justice David K. Maraga at his office in Nairobi. The launch coincided with the opening of a virtual training of judges & magistrates under the program of Continuing Judicial Education on the Protection & Enforcement of Intellectual Property and Related Forms of Illicit Trade in Kenya.

Service Disruption Due To COVID 19 Pandemic

CIRCULAR NO. 20 FY 2020/21
TO: Esteemed Stakeholders

During this time of unprecedented uncertainty, all of us at ACA are concerned about the safety and well-being of our employees and their families, customers and
all our valued stakeholders.

We would like to announce that one of our staff based at the headquarters in Nairobi underwent COVID 19 voluntary testing and the samples turned out positive. Consequently, in line with Government guidelines and protocols on containment of this highly contagious virus, all operations and services at the Head office and Eldoret Regional Office are scaled down temporarily effective Monday 3rd August to Friday 14th August, 2020 as fumigation and sterilization of the offices is done to ensure that any contamination of surfaces by the virus is eliminated.

As this situation evolves, we shall proactively update you through our on-line channels. In the meantime, if you have any further inquiries, please contact us through email This email address is being protected from spambots. You need JavaScript enabled to view it. or on Twitter/Facebook @ACAKenya.

Fridah Kaberia
For: EXECUTIVE DIRECTOR

ACA Donates 3000 Facemasks to Prison Staff to Combat Covid-19 Pandemic

Corporate Social Responsibility

With the rising spread of the pandemic COVID-19 in Kenya and globally, the Anti-Counterfeit Authority through Corporate Social Responsibility (CSR) Committee today visited Nairobi’s Industrial Area Prison facility and donated 3000 pieces of facemasks to prison administrators to ensure protection of staff as well as prisoners against coronavirus.

The choice of the correctional facility was necessitated by the high risk of contracting the virus due to the high number of visitors as well as numbers of confined people.

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

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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Phone: +254 20-2280000
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