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KENYA (Jul 2017)

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Published Date: July 31, 2017

In July 2017 Adams & Adams Partner, Charl Potgieter conducted anti-counterfeiting and product identification training in Nairobi with members of Interpol and representatives from Burundi, Uganda, Rwanda, Kenya and Tanzania. Search and seizure operations were conducted by the Anti-Counterfeit Agency with the assistance of the Kenyan Police. A large quantity of engine oil was seized, and criminal proceedings instituted against the offenders.

The Anti-Counterfeit Agency in Kenya has recently won several significant battles in the war against counterfeiting. According to recent reports, the Anti Counterfeit Agency (ACA) in Kenya has seized around US$ 9 million worth of goods over the last five years, with goods to the value of about US$ 5 million being destroyed in concluded cases.
The ACA is recognised as the coordinating agency in the enforcement of intellectual property protection in Kenya. Among the goods most frequently counterfeited are alcoholic beverages, drugs and medicines, cosmetics, soaps and detergents and hair products.

Counterfeiting is punishable in Kenya by a fine or imprisonment and the severity of the penalty imposed is commensurate to the crime committed. The success of the ACA has been attributed to the large number of its trained officers and their involvement in the criminal justice system. In addition, the ACA credits its success to collaboration with other intellectual property practitioners such as Adams & Adams, and the stringent legal principles which are also entrenched in the country’s constitution. Adams & Adams Partner, Charl Potgieter, conducts regular anti-counterfeiting and product identification training sessions with members of the agency in Mombasa and Nairobi.

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