Contact Us:
Anti-Counterfeit Agency
Head Office,
Telposta Towers, 4th Floor,
Kenyatta Avenue
Address:
P.O. Box 47771 - 00100,
Nairobi, Kenya
Tel: +254 20 2225124-31
Email: info@aca.or.ke
www.aca.or.ke
About Us
ACA Establishment
Functions of the Agency:
To enlighten and inform the public on matters
relating to counterfeiting
To combat counterfeiting, trade and other dealings in
counterfeit goods in Kenya in accordance with the Act.
To devise and promote training programmes on
combating counterfeiting.
To co-ordinate with national, regional or international
organizations involved in combating counterfeiting.
The ACA Board
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A Chairman appointed by the Minister responsible for
matters of Industrialization
Offences & Penalties
Offences
Under the Act, it is an offence, with respect to counterfeit
goods, to take the following actions;
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Have in possession or control, in the course of trade.
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Manufacture, produce or make in the course of trade;
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Sell, hire out, barter or exchange,
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Offer or expose for sale, hiring out, barter or exchange
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Expose or exhibit for the purposes of trade
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Distribute for purposes of trade or any other purpose
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Import into, transit through, tranship within or export
from Kenya, except for private and domestic use of the
importer or exporter as the case may be.
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In any other manner, dispose of in the course of trade.
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The permanent Secretaries of : Ministry of
Industrialization, Ministry of Trade & Ministry of
Finance
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Attorney General
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Commissioner of Customs, Kenya Revenue Authority
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Executive Directors of : Kenya Copyright Board and
Anti Counterfeit Agency
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Managing Directors of: Kenya Industrial Property
Institute, Kenya Plant Health Inspectorate Service &
Kenya Bureau of Standards
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Chief Executive of Kenya Association of Manufacturers
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Registrar of Pharmacy and Poisons Board
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Two persons from the private sector appointed by the
Minister of Industrialization: one with knowledge in
Intellectual Property Rights and the other knowledge in
consumer protection.
Penalties
A person convicted of the above shall be liable:
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In the case of a first conviction, to imprisonment for a
term not exceeding five years, or to a fine, in respect of
each article or item involved in the particular act of
dealing in counterfeit goods to which the offence relates,
not less than three times the value of the prevailing retail
price of the goods, or both;
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In the case of a second or any subsequent conviction, to
imprisonment for a term not exceeding fifteen years, or
to a fine, not less than five times the value of the
prevailing retail price of the goods, or both.
Enforcement
The Anti Counterfeit Agency was established by the
Anti Counterfeit Act, 2008. This Act of Parliament
was enacted to prohibit trade in counterfeit goods, to
establish ACA and for connected purposes. The Anti
Counterfeit Agency became operational in June
2010, and consists of the Administration and the
departments of Research Awareness & Preventive
Services, and Enforcement & Legal Services.
Main Objective
To combat counterfeiting and all other dealings in counterfeit goods.
Functions of the department
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Receiving complaints under the Anti Counterfeit Act on behalf of the
Executive Director ( delegated function)
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Investigating cases arising out of enforcement of the Act;
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Conducting Inspections, searches, raids and seizures for suspected
counterfeit goods
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Arresting, arraigning and prosecuting offenders under the Act.
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Conducting regular market surveillance to curb all dealings in
counterfeit goods.
Complaint filling procedures
Intellectual property rights owners desiring to file a complaint are
required to:
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Complete the Complainant Form -ACA 8
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Complete the Indemnity Form -ACA 9. NB: The indemnity is against
wrongful seizures based on a false complaint.
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Prepare an affidavit attaching a copy of current/valid
registration/renewal certificate for the intellectual property rights.
(The Intellectual Property Rights can be registered in Kenya or
Elsewhere.)
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Provide a sample of the genuine goods (physical product or clear
photographs) and where possible a sample of the counterfeit goods.
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Return the duly completed forms to the Agency with the complaint fee
of Kshs. 10,000/=.
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Complaint forms can be downloaded at http://www.aca.or.ke/downloads
What is a counterfeit?
Counterfeiting is the violation of intellectual property
rights (IPR) enshrined in the ownership of copyrights,
trademarks, seeds and plant breed varieties, and rights
derived out of innovativeness. It thus includes the
processes and chains in the production and trade of
imitations aimed at consumer deception. These
products, fabricated without due authority from owners
of the said rights and depicted to be the genuine ones are
called counterfeits.
Which products are mostly counterfeited?
Food & Alcoholic Beverages, Medicine & Drugs, Soap
& Detergents, Dry Cell Batteries, Pens & Branded
Stationery, Electrical & Electronic Equipment, Vehicle
& Other Motorable Spare Parts, Tyres & Tubes, Shoe
Polish, Seeds & Fertilizers, Software, Artistic Works &
Music Instruments, Cosmetics & Hair Products,
Utensils & Apparel among others.
Sources of Counterfeits
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Illegal Operations i.e. printing of fake product labels
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Direct Imports
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Transit Goods
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Adulteration of Products
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Locally manufactured counterfeits.
Your Role as a Consumer
Complaints arising from import of goods
The owner of the Intellectual property right who suspects that the
importation of counterfeit goods may take place may apply to the
Commissioner of Customs to seize and detain all suspected counterfeit
goods :
To file a complaint, the compliant should:
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Complete the complaint form -ACA 10
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Complete the Indemnity Form -ACA 11
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Prepare an affidavit attaching a copy current/valid
registration/renewal certificate for the intellectual property rights.
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Provide a sample of the genuine goods (physical product of clear
photographs) and where possible a sample of the counterfeit goods.
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Return the duly completed forms to the Agency with the complaint fee
of Kshs. 10,000/=
NB: Inspectors, as defined in the Anti-Counterfeit Act 2008, have full police
powers in the exercise of their duties.
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Be more vigilant as a consumer
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Report suspected counterfeits to the Agency at no
fee. (The Agency gets in touch with the owner of the
Intellectual Property Right and interests them to file
a formal complain)
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Avoid the allure to cheap things - always remember
cheap may be expensive
Your Role as a Manufacturer or innovator
Brand by registering your Intellectual
Property Rights.
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Report any cases of infringement of your rights to
the Agency.
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Co-operate in prosecution of matter by availing
witnesses to give technical and expert evidence in
court
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Protect your
General Information
Enforcement and Legal
Services Department
Why Fight Against Counterfeits?
Counterfeiting has a cross-section of impacts
ranging from economic, social and political.
Economic Effects
- Loss of Government Revenue through tax
evasion
- Loss of revenue for entrepreneurs of genuine
products
- Loss of Jobs and Reduced Investments
- Unfair Competition
- Loss of Brand Reputation
- Loss of Market Share
- Loss of Fair Bargain
- Increased Costs to the Company
- Collapse and/or Relocation of Legitimate
Companies
Main Objective
Main Objective
To enlighten and inform the public on matters relating to
counterfeiting.
To research on matters relating to counterfeiting. The
research findings are used in policy making to assist in the
achievement of the Agency's mandate. The users of this
information will include among others: the other divisions
within the Agency, stakeholders, partners, sponsors, other
government bodies and interested members of the public.
Functions
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Develop communication and awareness materials for
public dissemination.
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Public sensitization through information sessions.
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Training and capacity building for key stakeholders.
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Engagement in local, national and international trade
fairs.
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Collaborate with stakeholders and develop theme
partnerships and channels.
Functions:
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Identify research problems/gaps which have practical
significance to the Agency's mandate,
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Collect, collate and analyze data on matters relating to
counterfeiting, analyze trends and submit information to
various stakeholders including the ministry.
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Carry out collaborative research with industry and other
stakeholders on issues relating to counterfeiting,
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Disseminate research findings through publications and
Social Effects
- Consumer Health Risks leading to ailments
or deaths
- Accidents e.g. house fires, road accidents
- Insecurity e.g. fake locks
- Loss of Creativity and Innovation
- Collaboration with other crime e.g. money
laundering, drug trafficking and terrorism
Political Effects
-Reduced Direct Foreign Investments
-Frustration of long term Government
policies e.g. food security
-Dirty Money available for Illicit political
presentations.
Core activities
Areas the Research team is currently focusing on include:
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Development of training manuals, brochures,
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Consumer awareness levels on issues relating to
pamphlets and other audio-visual publications.
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Create and update a collaborative database on
stakeholders.
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Organization of participatory training programs in
collaboration with stakeholders.
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Organizing and conducting public awareness
campaigns through media involvement and celebrity
interactions.
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Development and review of curricula for educational
institutions.
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Sensitization of educationalists and learners at varied
institutions of learning.
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Sensitization of community leaders on matters related
to counterfeiting.
awareness@aca.or.ke
counterfeiting
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The effects of counterfeiting on sectors such as health,
environment, economy and the manufacturing industry
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Global counterfeiting issues
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Policy recommendations on how best we can fight the
menace of counterfeiting.
Research & Awareness
RESEARCH
DIVISION
AWARENESS
DIVISION