Kenyan Anti-Counterfeit Authority plans to apportion liability to the owners of e-commerce platforms

Kenya has been experiencing an increase in cases of online counterfeiting. This increase was triggered during, and in the wake of, the COVID-19 pandemic when counterfeiters could no longer conclude in person transactions. To maintain their illicit activities, counterfeiters moved their businesses online and have been offering their products for sale on popular online platforms.

In response to this development, the Nairobi Region Head of Enforcement indicated that it is the responsibility of e-commerce platform operators and Internet Service Providers to police the commercial activities on their platforms. Failure to do so will result in them being contributorily liable for counterfeiting.

The burden of avoiding counterfeiting on e-commerce website platforms now also falls on the hosts of these website platforms, who are at risk of being held criminally liable if counterfeited goods are exhibited for the purposes of trade on their platforms.

Source: ACA