ARTICLE · 23 JUNE 2004

New Counterfeits Act Drafted to Enhance War on Counterfeits

Saifam Limited Intellectual Property Services (Saifam IP)

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Stiff penalties await dealers in counterfeit goods in Kenya once a new law on counterfeits is enacted.

KenyaIntellectual Property

Sajjad Ayub

Stiff penalties await dealers in counterfeit goods in Kenya once a new law on counterfeits is enacted.

The Counterfeit Goods Bill, prepared jointly by the Anti- Counterfeiting Division of the Ministry of Trade and Industry and the Kenya industrial property institute, prescribes a fine not exceeding Ksh5,000 ($64) per article or item or a prison term not exceeding three years or both.

In the case of a second and any subsequent conviction, the draft counterfeit document, which is currently under discussion by various stakeholders, recommends that the culprit be fined Ksh10,000 ($128) per article or item, or be imprisoned for a period not exceeding five years, or face both fine and imprisonment.

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