Newly trending jobs ongoing in kenya at anticounterfeit. The copyright act, 2001 chapter, as amended up to act no. The anticounterfeit bill, 2008 3 a bill for an act of parliament to prohibit trade in counterfeit goods, to establish the anti counterfeit agency, and for connected purposes enacted by the parliament of kenya, as follows part i preliminary short title and commencement. Overview of policy recommendations recommendation 1. The act establishes anticounterfeit agency aca with the mandate to administer anticounterfeiting policy and law in kenya.
When we set out to implement the 20182022 strategic. Anticounterfeit inspector kenyan jobs career point kenya. Provided thatcompensation shall only bepaid wherethecomplaint wasfalse,negligent orlaidinbad faith. Anticounterfeit an act of parliament to prohibit trade in counterfeit goods, to establish the anticounterfeit agency, and for connected purposes act no. The anti counterfeit regulations 2010 the regulations were published subsequent to the anti counterfeit act of 2008 the act under legal notice no. Short title this act may be cited as the trade marks act.
However, these new regulations need to be perfected in kenya and better coordination is needed among eac countries, as they work towards enacting similar. Trips flexibilities and anticounterfeit legislation in kenya. An act of parliament to prohibit trade in counterfeit goods, to establish the anti counterfeit agency, and for connected purposes ln 1152009, act no. The kenyan anticounterfeit regulations 2010 october 26, 2010. Safeguarding access to essential generic medicines in. This act of parliament was enacted to prohibit trade in counterfeit goods. The copyright act, 2001 chapter, as amended up to act. View notes anti counterfeit from law g34 at university of nairobi. Trips flexibilities and anticounterfeit legislation in kenya and the east african community. The kenya anticounterfeit agency aca is a state corporation established under section 3 of the anticounterfeit act, 2008, laws of kenya.
The acts main positive advantage is that it establishes an agency which will co ordinate the fight against counterfeits across kenya in an efficient and simple. This will enable the agency to actively investigate and eliminate suspected counterfeit practices in kenya. Speaking during the commemoration of the 20th world anti counterfeit day in nairobi, kenya association of manufacturers chairperson flora mutahi left said illicit trade affected mainly. Counterfeiting means taking the following actions without the authority of the owner of iprs subsisting in kenya in respect of protected goods. Interpretation 1 in this act, except where the context otherwise requires a convention countrymeans a country, other than kenya, that is party. Right to health encompasses right to access essential generic. Kenyas anticounterfeiting act challenged as violating the. The anticounterfeit agency has now been transformed to the anticounterfeit authority by change of name. The kenyan government enacted an anti counterfeit act in 2008 and national construction authority act in 2010 to address counterfeiting and construction sector market failures respectively. Trips flexibilities and anti counterfeit legislation in kenya and the eac. How effective are the existing policies in fighting counterfeiting in kenya.
The study was guided by the following research questions. It is unclear at this stage whether this has any relevance or effect, but it is worth noting that in kenya an authority tends. Kenya subsidiary legislation, 2010 52 the anti counterfeit act no. Agency means the anticounterfeit agency established under section 3. Commissioner shall have the meaning assigned to it under the kenya revenue authority act. International medicine products anti counterfeiting task trips trade in related aspects of intellectual property rights. Public health advocates have argued on anti counterfeit definition of counterfeit drugs to be vague and also. This all changed in 2008, when kenya s parliament passed the anti counterfeit act act no. The information contained in this discussion paper is to facilitate the undp consultation about enforcement of intellectual property rights and access to hiv treatment and other essential medicines. Findings indicate that tanzania and kenya suffer higher levels of counterfeit goods than the other three east african community eac countries due to their geographical location. Public health advocates have argued on anti counterfeit definition of counterfeit. Nov 04, 2014 this paper examines a constitutional challenge brought to the high court of kenya in 2009 the anticounterfeit case against the anticounterfeit act of 2008, which the petitioners, all of whom were living with hiv, argued would affect their ability to access affordable and generic antiretroviral medication. Jun 16, 2011 anti counterfeit agency the anti counterfeit agency aca is established under the anti counterfeit act no. Special issue 521 ministry of industrialization and.
An act of parliament to prohibit trade in counterfeit goods, to establish the anticounterfeit agency, and for connected purposes. Ambiguities in the definition of counterfeit products to potentially include legallymanufactured generics and overbroad enforcement provisions, mean that the 2008 anti counterfeit act risks. Kenya loses an estimated sh200 billion to counterfeit and illicit goods trade every year, manufacturers have said. Published by the national council for law reporting with the. Intellectual property ip right owners can now submit particulars of their ip rights to the anticounterfeit agency the agency who will maintain a database of such particulars. The agency was established to prohibit trade in counterfeit goods in kenya. Summary of the contracts awarded by anti counterfeit authority for fy 20192020. In this act, unless the context otherwise requires.
The purpose of the study was to determine the measures that can be taken to fight counterfeiting in kenya. The anticounterfeit act anticounterfeit authority aca. Commissioner shall have the meaning assigned to it under the kenya. Kenyas high court strikes down anticounterfeit act open. Ministry of east africa affairs, tourism and commerce, kenya bankers association, law society of kenya, energy regulation commission, anti counterfeit agency, consumer unity and trust society among. This website helps you to achieve your career dream by linking you to vacancies from top companies in kenya. May 29, 2011 the anti counterfeit act was assented to on december 24th 2008 by president mwai kibaki. Anti counterfeit inspector ii job at anti counterfeit agency. Anticounterfeit act should not apply to patents, in line with the minimum.
Anti counterfeit 2008 with the executive director in accordance with the provisions of this act, shall be entitled to claim compensation forthedamage orlosssuffered byhim againstthecomplainant. Development of anti counterfeiting program in east africa. View notes anticounterfeit from law g34 at university of nairobi. Our anti counterfeiting team works with a network of investigating firms and customs officials across africa. Newly trending jobs ongoing in kenya at anti counterfeit authority welcome to jobweb kenya. How can anti counterfeit organizations be improved to fight counterfeiting in kenya. The anti counterfeit regulations 2010 the regulations were published subsequent to the anticounterfeit act of 2008 the act under legal notice no. Anticounterfeit laws of kenya anticounterfeit act no. Aca in support of the governments youth initiative, has put in place a three 3 months internship program for unemployed kenyan graduate holders of degree and diploma certificates. On april 20, 2012, kenya s high court ruled that the anti counterfeit act of 2008 violates the right to health and the right to dignity and life, and that intellectual property rights should not override these fundamental rights. In the course of the current revision of the kenyan anticounterfeit act, the definition of intellectual property rights in section 2 of the act should be amended to only cover trademarks and s and related rights. This act may be cited as the anticounterfeit act, 2008.
Surveys on counterfeiting were already conducted at national level in some of the african countries of the survey. The anticounterfeit act 2008 ministry of industrialization. In what follows i offer a detailed description of the debate surrounding the kenyan anti. An act of parliament to prohibit trade in counterfeit goods, to establish the anti counterfeit agency, and for connected purposes act no. The court also granted orders restraining the anti counterfeit agency from enforcing sections 2, 32 and 34 of the act in relation to importation of generic drugs and medication. The anticounterfeit act should not apply to patents, in line with the minimum standards. Right to health encompasses right to access essential. The kenya anti counterfeit agency aca is a state corporation established under section 3 of the anti counterfeit act, 2008, laws of kenya. Enforcement in kenya the anti counterfeit act 2008 combats the prolific trade in counterfeit goods in kenya some of the key features of the act. Efficacy of anti counterfeit laws in kenya bracxides shaluma ongola g62700412011 a thesis submitted to university of nairobi law school in partial fulfillment of the degree of master of laws llm. They are apprehensive that their rights under the constitution are threatened by the enactment of the anti counterfeit act, 2008, specifically sections 2, 32 and 34 thereof. Trips flexibilities and anticounterfeit legislation in kenya and the. A total of 1,711 offenders were dealt with as per the provisions of merchandise marks act, 1963.
Anitcounterfeiting services africa spoor and fisher. Interpretation 1 in this act, except where the context otherwise requires a convention countrymeans a country, other than kenya. Efficacy of anticounterfeit laws in kenya bracxides shaluma ongola g62700412011 a thesis submitted to university of nairobi law school in partial fulfillment of. Acaaci8 the anti counterfeit agency was established under the anti counterfeit act 2008 as a state corporation with the mandates to enlighten and inform the public on matters relating to counterfeiting, combat counterfeiting, trade and other dealings in counterfeit goods, devise and promote training programs to. The anti counterfeit agency is referred to as the anti counterfeit authority. It enforces the provisions of the anticounterfeit act, 2008. The anticounterfeit act 2008 ministry of industry, trade. Sep 15, 2016 finally, a unique issue under kenyan legislation is the application of kenyan ip enforcement to protect foreign ip rights.
Organizations and regulatory bodies came together in the spirit of the act to consolidate efforts and promote interagency corporations to fight this thriving trade, through the formation of the anti. The anticounterfeit bill, 2008 3 a bill for an act of parliament to prohibit trade in counterfeit goods, to establish the anticounterfeit agency, and for connected purposes enacted by the parliament of kenya, as follows part i preliminary short title and commencement. Efficacy of anticounterfeit laws in kenya bracxides shaluma ongola g62700412011 a thesis submitted to university of nairobi law school in partial fulfillment of the degree of master of laws llm. Examples include kenyas communications act, 19982008. Section 2 of the anticounterfeit act defines counterfeiting as taking certain actions without the authority of the owner of the ip rights subsisting in kenya or elsewhere. By william maema the statute law miscellaneous amendment bill, 2018 which seeks to amend the anti counterfeit act, 200 an ill thought out legislation which, if passed, will hurt brand owners 8, is. The anti counterfeit agency was established under the anti counterfeit act 2008 as a state corporation with the mandates to enlighten and inform the public on matters relating to counterfeiting, combat counterfeiting, trade and other dealings in counterfeit goods, devise and promote training programs. The kenya anti counterfeit act was established in 2008 but it has faced stiff competition from public health advocates and hiv treatment activists who claim it will infringe on the rights of kenyans to access medicines. Laws of kenya traffic act chapter 403 revised edition 2015 20 published by the national council for law reporting with the authority of the attorneygeneral. Opportunities and challenges in africa protection and.
Interpretation in this act, unless the context otherwise requires agency deleted by act no. This act may be cited as the anti counterfeit act, 2008. It does not necessarily reflect the official position of undp, its employees or board members. Anticounterfeit authority aca anticounterfeit authority. Interpretation in this act, unless the context otherwise requires. The total value of the seized goods was tzs 2,898,904,833. The act establishes anti counterfeit agency aca with the mandate to administer anti counterfeiting policy and law in kenya. The anticounterfeit act was assented to on december 24th 2008 by president mwai kibaki. Anticounterfeit agencyjobs in kenya government 254jobs. Kenya revenue authority means the kenya revenue authority established under the kenya revenue authority act cap. Safeguarding access to essential generic medicines in kenya s anti counterfeit act. The bill proposes significant changes to the anti counterfeit act 2008.
Organizations and regulatory bodies came together in the spirit of the act to consolidate efforts and promote interagency corporations to fight this thriving trade. The parliament of kenya enacted the anti counterfeit act no. On april 20, 2012, kenyas high court ruled that the anticounterfeit act of 2008 violates the right to health and the right to dignity and life, and that intellectual property rights should not override these fundamental rights. In this act, unless the context otherwise requires agency deleted by act no. It is a perfect illustration of throwing out the baby with the bathwater. Commissioner shall have the meaning assigned to it under the kenya revenue authority act cap. The pharmaceutical society of kenya contends that over 50 percent of anti malaria drugs sold in kenya are counterfeit. Short title this act may be cited as the anti counterfeit act, 2008. A survey conducted by the national quality control laboratories and the pharmacy and poisons board concluded that 30 percent of all drugs in kenya are counterfeit. In the course of the current revision of the kenyan anti counterfeit act, the definition of intellectual property rights in section 2 of the act. Dec 29, 2009 as a bunch of countries continue to negotiate acta, the anti counterfeiting trade agreement, in secrecy, kenya already has its own anti counterfeit act. The parliament of kenya enacted the anticounterfeit act no. Kenyas high court strikes down anticounterfeit act. Kelin uses the law to achieve policy change and recently raised the issue of people who were being imprisoned in kenya because they.
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