ENFORCEMENT

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Muthoni Advocates has experience in managing Anti-Counterfeit campaigns, product training for government agencies, market investigations, deregistration of infringing company names.

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Counterfeit goods

As with most jurisdictions, the Kenya Revenue Authority (Customs) officials are responsible for inspection of goods for tax purposes and compliance with other laws, including but not limited to anti-counterfeiting laws. In Kenya, Customs, while mandated to enforce any laws related to the importation of goods into Kenya, mainly concentrate on revenue collection.

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There is no formal Customs recordal process for registered trade marks in Kenya. Where Customs believe that particular shipments include suspected counterfeit goods, they alert the Anti Counterfeit Agency (ACA) office at the port of entry who then investigate the shipment and make a decision on whether to have the goods seized for further prosecution.

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The ACA was first established under the Anti-Counterfeit Act 2008 as a State Corporation with the mandate inform the public on matters relating to counterfeiting as well as coordinating with national, regional or international organizations towards enforcing rights holders IP rights and combating the importation, distribution and sale of counterfeit goods in Kenya.  

The ACA currently has 3 regional offices, the head office located in Nairobi (the capital city and business hub), Mombasa (where the Kenya port is located - the largest and busiest sea port in East Africa servicing not only Kenya but landlocked East African Countries such as Uganda and Rwanda) and Busia (which covers the Kenya boarder with Uganda which is where counterfeit goods are said to enter the country via the road). The ACA work closely with Customs, other standards agencies, the police and border patrol specifically on the identification of counterfeit goods and alerting rights holders on goods found.

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