The anticounterfeit act 2008 ministry of industrialization. Our attorneys litigate counterfeiting and product diversion cases on behalf of major international corporations, often involving counterfeit medical devices, pharmaceuticals and other consumer, industrial and. Special issue 521 ministry of industrialization and. The jabra anticounterfeit program involves among other things. 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. This act of parliament was enacted to prohibit trade in counterfeit goods. Our anti counterfeiting team works with a network of investigating firms and customs officials across africa. There are changes that may be brought into force at.
Some of the features of that law will come into effect very quickly only. Eu anti counterfeiting legislation on its way pharmaceutical technology. Anitcounterfeiting services africa spoor and fisher. Counterfeiting act makes violating the lanham acts anticounterfeiting provisions a federal criminal offence. There are changes that may be brought into force at a future date. This blogpost will focus on the proposed changes to the anticounterfeit act. Authorities are finding it difficult to curb cfms due to the lack of governance over the internet. 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 global trade in counterfeit goods is growing at an alarming rate.
Changes that have been made appear in the content and are referenced with annotations. For many years, most international anti counterfeiting strategies have treated africa mostly as a destination for counterfeit goods. Standards assist and support proactive and reactive processes. If you are aware of any additional sources of best practice for detecting and or mitigating against counterfeit components, please contact us there are numerous sources providing sound advice on best practice, including a number of internationally recognised standards, to be adopted to. This act may be cited as the anticounterfeit act, 2008. Anticounterfeit act should not apply to patents, in line with the minimum standards of the trips. Negotiations started in june 2008 with the participation of a broader group of participants australia, canada, the european. Preliminary talks about such an anticounterfeiting trade agreement took place throughout 2006 and 2007 among an initial group of interested parties canada, the european commission, japan, switzerland and the united states. May 29, 2011 the act establishes anti counterfeit agency aca with the mandate to administer anti counterfeiting policy and law in kenya. Forgery and counterfeiting act 1981 is up to date with all changes known to be in force on or before 29 april 2020. Our anticounterfeiting team works with a network of investigating firms and customs officials across africa. Through tracking prescription drugs, the law aims to prevent counterfeit drugs from entering the united states supply chain.
The anticounterfeit act anticounterfeit authority aca. Often ipr owners have deprioritized africa compared with efforts in the americas, europe, and asia, certainly when it came to allocation of resources in the continuous struggle against counterfeiters. It enforces the provisions of the anticounterfeit act, 2008. Trips flexibilities and anticounterfeit legislation in. Subject july 2019 applies to focus on importexport. Merchants need to be aware that they should not request a signature from the cardholder when a signature line is not present on the receipt. Counterfeit goods are manufactured goods normally of lesser. Preliminary talks about such an anti counterfeiting trade agreement took place throughout 2006 and 2007 among an initial group of interested parties canada, the european commission, japan, switzerland and the united states. The anticounterfeit label enables buyers to authenticate originality of product worldwide via a worldwide authentication app. The following organisations provide comprehensive free to access information on original component manufacturers, authorised distributors and or reliable grey market sources.
Combating sale of counterfeit and falsified medicines online. May 01, 2018 this blogpost will focus on the proposed changes to the anticounterfeit act. 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 department of defense dod has issued a new instruction that establishes internal dod policies for detecting, avoiding, and remediating counterfeit parts in the dod supply chain, and allocates responsibility among various dod offices and functions for administering or developing those counterfeit prevention policies. The authority shall develop a code of conduct and any other manual that. A counterfeit product is an illegal copy of the legitimate, original product. Traditionally, counterfeiting was associated with moneylaundering, fake documents etc. Patterson belknaps anticounterfeiting practice team assists clients in addressing the broad range of issues they face in this area.
An act of parliament to prohibit trade in counterfeit goods, to establish the anticounterfeit agency, and for connected purposes ln 1152009, act no. Noting further that the proliferation of counterfeit and pirated goods, as well as of. Spread of counterfeit goods commonly called knockoffs have become global. If you wish to comment on any of the content on this page please contact us reliable sources of components. Summary of the contracts awarded by anti counterfeit authority for fy 20192020. The new federal anticounterfeiting mandate for electronics. Counterfeiting and piracy along with all cognate expressions like passing off, faking includes wide range of illegal activities linked to ipr infringement. Board, the exercise of any of the powers or the performance of any of the functions or duties. 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. Identification of distributors and producers of counterfeit. Anti counterfeit strategy for brand owners rod kinghorn.
How kenyas 2008 anticounterfeit act could endanger access to medicines. According to the who, good manufacturing practice gmp is that part of quality. The cost of the implementing anticounterfeit technology can be offset by the increase in sales of the high risk products. Interpretation in this act, unless the context otherwise requires. 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. The anticounterfeit act, 2008 the anticounterfeit agency. Dec 03, 2010 iecq od 3702 anti counterfeit traceability audit for any industry segment operational document by iecq free to download weblink. This practice note examines the main routes of legal action that can be taken against the uk trade in counterfeit goods. 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. 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. In exercise of the powers conferred by section 37 of the anticounterfeit act, the.
Hayward, janice meraglia, mitchell miller applied dna sciences, inc. Act 37 of 1997 cga some terms fake foods and consumer goods. The anticounterfeit act, 2008 the anticounterfeit agency laying a complaint the executive director, the anticounterfeit agency. Counterfeit merchandise has led to numerous risks for consumers worldwide, from significant health and safety concerns over counterfeit lifesaving drugs, to flammable electrical devices, to tremendous. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Reducing counterfeit fraud through acceptance best practices. The cost to a clients reputation can be incalculable. Textbook distributor hereinafter, td hereby agrees to adopt, implement and adhere to each of the measures set forth below.
We assist clients by identifying perpetrators through to enforcing anti counterfeiting rights and handling the prosecution of counterfeiting matters against importers. Anticounterfeit laws of kenya anticounterfeit act no. Forgery and counterfeiting act 1981 is up to date with all changes known to be in force on or before 01 may 2020. Best practice for oems, distributors and component manufacturers. Right to health encompasses right to access essential. With the increasing financial and technical means of counterfeiters, the number of counterfeit pharmaceuticals in the supply chain is growing at an alarming rate. Agreement, the party receiving the information shall, subject to its law and practice. Anticounterfeit protection code is a coded anticounterfeit label affixed on original productbrand to deters such productbrand from counterfeiting or distinguish it from its counterfeits versions worldwide. Standards provide guidance and systems for anticounterfeiting programs. Stop counterfeit textbooks anticounterfeit best practices 2 7. Numerous reports have suggested that counterfeit and piracy trade supports terrorism. The act establishes anticounterfeit agency aca with the mandate to administer anticounterfeiting policy and law in kenya. Counterfeit goods act 37 of 19976a to any place or premises, must be construed as a reference also to any freight container, irrespective of its size, at, on or in the place or premises. Seven best practices for fighting counterfeit sales online white paper executive summary counterfeit sales represent seven percent of all global trade.
Counterfeit goods act 37 of 19974exporter includes any person who, at the relevant time a is the owner or is in control or possession of any goods exported or to be exported from the republic. Td shall maintain a corporate culture that recognizes counterfeit textbooksi. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. A different application form applies depending on whether the rights holder wants. Product counterfeiting has grown substantially in recent years, affecting a variety of industries worldwide and costing the global economy billions of dollars annually. Anticounterfeit best practices textbook distributor hereinafter, td hereby agrees to adopt, implement and adhere to each of the measures set forth below. Right to health encompasses right to access essential generic. An anticounterfeiting program should be both proactive and reactive. Combating trafficking in counterfeit and pirated goods homeland. The new federal anti counterfeiting mandate for military electronics.
National defense authorization act for fiscal 2012, which aims to eliminate counterfeit electronics from the military supply chain. Challenging the 2008 anticounterfeit act in kenya harvard chan. Although other state and federal laws address counterfeiting, nearly all us enforcement stems from these two statutes. Controversial 2018 proposed amendments to the anti. Under section 45 15 usc 1127 of the lanham act, a counterfeit mark is defined. Best practices in the fight against global counterfeiting. View notes anti counterfeit from law g34 at university of nairobi. We assist clients by identifying perpetrators through to enforcing anticounterfeiting rights and handling the prosecution of counterfeiting matters against importers. These procedures shall be applied in such a manner as to avoid the creation of barriers to. Generally, the proposed amendments reveal that anticounterfeit agency aca is making a power play to upgrade its status from an agency to an authority. The drug supply chain security act dscsa is undermined by drug importation. Counterfeiters now have the ability to produce higher quality packages, which enables fake medicines to slip into supply chains more easily. Anticounterfeit strategy for brand owners rod kinghorn.
The anticounterfeit technology should be looked at like an investment that will improve your qc process and attract new clients. Such illegal products can be hard goods, software, music, pharmaceuticals, components or any other imaginable thing that has value to copy. New dod internal policy guidance on counterfeit parts. More than 125 lawyers throughout the firms offices worldwide, including a number of former u. Anticounterfeit solutions anticounterfeit solutions. The parliament of kenya enacted the anticounterfeit act no.
Download the anticounterfeit amendment regulations, 2019. How anticounterfeit innovations can improve global. In the event td determines or is informed that it has sold, rented or otherwise distributed a counterfeit book, it shall promptly notify the respective publisher and immediately take steps in an effort to mitigate the harm. When we set out to implement the 20182022 strategic. This will enable the agency to actively investigate and eliminate suspected counterfeit practices in kenya. The anticounterfeit act was assented to on december 24th 2008 by president mwai kibaki. There are many approaches brand owners can take to prevent and respond to product counterfeits. Packages may include authentication seals and use security printing to help indicate that the package and contents are not counterfeit. The practice of using anticounterfeit laws to control standards of.
Each year, counterfeit products from handbags to electronics cost the global economy billions of dollars. Rightholder initiates process by filing complaint of infringement or unfair practices with usitc. 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 counterfeit agency aca. It enforces the provisions of the anti counterfeit act, 2008. Title iv section 421 amends the tariff act of 1930. Anticounterfeiting multipractice, bostonbased law firm.
Wha package counterfeit final april 2010 msf access campaign. Stop counterfeit textbooks anti counterfeit best practices 3 10. Combating sale of counterfeit and falsified medicines. And sometimes they are meant to garner political support for a law by giving it a catchy name as with the usa patriot act or the take pride in america act or by invoking public outrage or sympathy as with any number of laws named for victims of crimes. White paper seven best practices for fighting counterfeit.
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. By william maema the statute law miscellaneous amendment bill, 2018 which seeks to amend the anticounterfeit act, 200 an ill thought out legislation which, if passed, will hurt brand owners 8, is. Best practices in the fight american national standards. Africa rising to the anticounterfeiting challenge journal. Africa rising to the anticounterfeiting challenge, journal of intellectual property law.
Counterfeit merchandise has led to numerous risks for consumers worldwide, from significant health and safety concerns over counterfeit lifesaving drugs, to flammable electrical devices, to tremendous financial loss for u. The law in most countries provides for the seizure and destruction of counterfeit goods whether or not criminal convictions are obtained or civil damages are awarded. Patterson belknaps anti counterfeiting practice team assists clients in addressing the broad range of issues they face in this area. These days, a companys success increasingly hinges on its ability to protect its ip assets and its reputation. Product counterfeiting legislation in the united states. When a party provides written information pursuant to the provisions of this. Td shall have qualified and trained personnel inspect incoming inventory including buybacks, returns and rental returns to determine, as best as they can, if the inventory is counterfeit.