Failure to declare the quantity of imports or shipping in unbranded goods save for raw materials is set to be criminalized if the proposed amendments to the Anti Counterfeit Act 2008 are adopted in their current form.
The draft amendments propose to give more power to the Anti Counterfeit Agency to seize and destroy any goods imported into Kenya without an official assurance that they are genuine goods.
#ACA_Amendments #PublicParticipation more offences include failing to declare the quantity or IPR contained in the imported goods, importing to Kenya any goods bearing IPR that has not been recorded with @ACAKenya @halake_elema @Trade_Kenya @Kiptoock @kipikenya
— Multi-Agency Anti-Illicit Outreach_ SDTKe (@MAAITO_SDTKe) May 16, 2019
Kenya loses about 200 billion shillings annually to trade in contrabands.
The government has drafted amendments to the Anti-Counterfeit Act, 2008 to bolster the fight against contrabands and promote intellectual property.
#ACAPublicParticipation the Act has a new provision requiring a suspect dealing in counterfeit goods to forfeit any benefit thereof.This provision will serve a deterrence to counterfeiers!@halake_elema @FloraMutahi @Trade_Kenya @Kiptoock @ACAKenya pic.twitter.com/BBGf5AGg9H
— Multi-Agency Anti-Illicit Outreach_ SDTKe (@MAAITO_SDTKe) May 16, 2019
Among the proposed amendments is a new requirement of recording trademarks in respect of imported goods notwithstanding the place of registration with the Anti Counterfeits Agency’s enforcement database.
War against fakes must be won at all costs. #PromoteGenuinehttps://t.co/u2Wr4Iv4l7 pic.twitter.com/67lada8SNc
— ACA KENYA (@ACAKenya) May 11, 2019
Possessing or controlling the packaging of any kind including labels, with a counterfeit mark likely to cause confusion, mistake or deceive as well as aiding or abetting counterfeiting is among new offences.
Industry reports show that counterfeiting is the largest form of illicit trade, costing manufacturers 40% of the market share, which is approximately Ksh 200 Billion. #PromoteGenuine pic.twitter.com/7IeeMY342i
— ACA KENYA (@ACAKenya) May 6, 2019
Anti Counterfeit Agency Chair Flora Mutahi says criminalizing importation of unbranded goods save for raw materials will deter infiltration of counterfeits especially medicine and pharmaceuticals that are highly counterfeited.