This is the version of this Act as it was from 4 May 2017 to 17 January 2019. Read the latest available version.
Anti-Counterfeit Act
Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2018

LAWS OF KENYA
ANTI-COUNTERFEIT ACT
CAP. 510
- Published in Kenya Gazette Vol. CXI—No. 2 on 9 January 2009
- Assented to on 24 December 2008
- Commenced on 7 July 2009 by Anti-Counterfeit Act Commencement
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2012 (Act No. 12 of 2012) on 12 July 2012]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2014 (Act No. 18 of 2014) on 8 December 2014]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2015 (Act No. 25 of 2015) on 24 December 2015]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2017 (Act No. 11 of 2017) on 4 May 2017]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Anti-Counterfeit Act, 2008.2. Interpretation
In this Act, unless the context otherwise requires—"Agency" means the AntiCounterfeit Agency established under section 3;"Authority" means the Anti-Counterfeit Authority established under section 3;"Commissioner" shall have the meaning assigned to it under the Kenya Revenue Authority Act (Cap. 469);"complainant" means a person, institution, government agency or state corporation entitled to lay a complaint under section 33(1), or who has laid such a complaint;"counterfeiting" means taking the following actions without the authority of the owner of intellectual property right subsisting in Kenya in respect of protected goods—(a)the manufacture, production, packaging, re-packaging, labelling or making, whether in Kenya, of any goods whereby those protected goods are imitated in such manner and to such a degree that those other goods are identical or substantially similar copies of the protected goods;(b)the manufacture, production or making, whether in Kenya, the subject matter of that intellectual property, or a colourable imitation thereof so that the other goods are calculated to be confused with or to be taken as being the protected goods of the said owner or any goods manufactured, produced or made under his licence;(c)the manufacturing, producing or making of copies, in Kenya, in violation of an author’s rights or related rights;(d)in relation to medicine, the deliberate and fraudulent mislabelling of medicine with respect to identity or source, whether or not such products have correct ingredients, wrong ingredients, have sufficient active ingredients or have fake packaging:Provided that nothing in this paragraph shall derogate from the existing provisions under the Industrial Property Act, 2001 (No. 3 of 2001);"counterfeit goods" means goods that are the result of counterfeiting and includes any means used for purposes of counterfeiting;"counterfeit goods depot" means a place designated as such under section 29;"document" includes a tape recording, a photograph and any electronic, magnetic or other medium on, in, or by means or by way of which, images, sound, data or information may be stored;"exporter" 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 Kenya;(b)carries the risk for any goods so exported or to be so exported;(c)represents that, or acts as if, he is the exporter or owner of any goods so exported or to be so exported;(d)actually takes, or attempts to take, any goods from Kenya;(e)has a beneficial interest, in any manner or of any nature whatsoever, in any goods so exported or to be so exported; or(f)acts on behalf of any person referred to in paragraph (a), (b), (c), (d) or (e), and, in relation to imported goods destined for exportation from Kenya, includes the manufacturer, producer, maker, supplier or shipper of those goods or any person inside or outside Kenya representing or acting on behalf of such a manufacturer, producer, maker, supplier or shipper;"importer" includes any person who, at the relevant time—(a)is the owner or is in control or in possession of any goods imported or to be imported into Kenya;(b)carries the risk for any goods so imported or to be so imported;(c)represents that, or acts as if, he is the importer or owner of any goods so imported;(d)actually brings, or attempts to bring, any goods into Kenya;(e)has a beneficial interest, in any manner or of any nature whatsoever, in any goods so imported or to be so imported;(f)acts on behalf of any person referred to in paragraph (a), (b), (c), (d) or (e);"inspector" means a person appointed as such under section 22;"intellectual property right" includes—(a)any right protected under the Copyright Act, 2001 (No. 12 of 2001);(b)any plant breeders’ right granted under the Seeds and Plant Varieties Act (Cap. 326);(c)any right protected under the Trade Marks Act (Cap. 506); and(d)any right protected under the Industrial Property Act, 2001 (No. 3 of 2001);"Minister" means the Minister for the time being responsible for matters relating to industrialization;"owner" in relation to an intellectual property right, includes a person who has the capacity in law to enforce the intellectual property right in his own name;"package" means any container, wrapping or outer cover and the contents thereof, or any bundle or single piece in the case of unpacked goods;"prescribed" means prescribed by regulations made under section 37;"protected goods" means—(a)goods featuring, bearing, embodying or incorporating the subject matter of an intellectual property right with the authority of the owner of that intellectual property right, or goods to which that subject matter has been applied by that owner or with his authority;(b)any particular class or kind of goods which, in law, may feature, bear, embody or incorporate the subject matter of an intellectual property right only with the authority of the owner of that intellectual property right, or to which that subject matter may in law be applied, only by that owner or with his authority, but which has not yet been manufactured, produced or made, or to which that subject matter has not yet been applied, with the authority of or by that owner, whichever is applicable;"tools" include machinery and equipment;"trade" includes business and profession; and"vehicle" includes any motorcar, van, truck, trailer, caravan, cart, barrow, train, aircraft, ship, boat or other vessels, and any other vehicle, craft or means of conveyance of any kind whatsoever, whether self-propelled or not, as well as any pack animal.[Act No. 18 of 2014, Sch.]Part II – ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AGENCY
3. Establishment of the Agency
4. Headquarters
The headquarters of the Agency shall be in Nairobi.5. Functions of the Agency
The functions of the Agency shall be to—6. Board of the Agency
7. Powers of the Board
The Board shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Board shall have power to—8. Conduct of business and affairs of the Board
9. Remuneration of Board members
The members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Minister for the time being responsible for finance, on the recommendation of the Board.10. Executive Director
11. Staff of the Agency
The Board may appoint such officers, agents and other staff of the Agency as are necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Board may determine.12. The common seal
13. Delegation by the Board
The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.14. Protection from personal liability
15. Liability of the Board for damages
The provisions of section 14 shall not relieve the Agency of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or by any other written law or by the failure, whether wholly or partially, of any works.16. Liability for damage or loss on application of Act
Part III – FINANCIAL PROVISIONS
17. Funds of the Authority
The funds and assets of the Agency shall comprise of—18. Financial year
The financial year of the Agency shall be the period of twelve months ending on the thirtieth of June in each year.19. Annual estimates
20. Accounts and audit
21. Investment of funds
Part IV – INSPECTION
22. Appointment of inspectors
23. Powers of inspectors
24. Obstruction and breaking of seal
25. Duty of inspector upon seizure of goods
26. Evidence and presumptions
27. Storage and access to seized goods
28. Release of seized goods
29. Counterfeit goods depot
30. Conduct of prosecutions
31. Disclosure of information and impersonation
Part V – COUNTERFEIT GOODS
32. Offences
It shall be an offence for any person to—33. Laying a complaint
34. Powers of the Commissioner
34A. Compounding of offences
Part VI – MISCELLANEOUS
35. Penalties
36. Exemption from stamp duty
No duty shall be chargeable under the Stamp Duty Act (Cap. 480) in respect of any instrument executed by, or on behalf of, or in favour of the Ageny, which, but for this section, the Agency shall would be liable to pay.37. Regulations
History of this document
31 December 2022
Revised by
24th Annual Supplement
Read this version
18 January 2019
04 May 2017 this version
24 December 2015
08 December 2014
12 July 2012
07 July 2009
Commenced by
Anti-Counterfeit Act Commencement
09 January 2009
24 December 2008
Assented to
Cited documents 4
Act 4
1. | Kenya Revenue Authority Act | 1142 citations |
2. | Copyright Act | 106 citations |
3. | Industrial Property Act | 65 citations |
4. | Statute Law (Miscellaneous Amendments) Act, 2018 | 32 citations |
Documents citing this one 70
Gazette 29
Judgment 28
Bench Bulletin 5
1. | Bench Bulletin - Issue 13 | |
2. | Bench Bulletin - Issue 37 | |
3. | Bench Bulletin - Issue 41 | |
4. | Bench Bulletin - Issue 44 | |
5. | Bench Bulletin - Issue 54 |
Bill 5
Legal Notice 3
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Anti-Counterfeit (Recordation) Regulations | Legal Notice 118 of 2021 | 31 December 2022 |
The Anti-Counterfeit Regulations | Legal Notice 126 of 2010 | 31 December 2022 |