The Anti-Counterfeit Regulations

Legal Notice 126 of 2010

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Legal Notice 126 of 2010

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Anti-Counterfeit Act

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ANTI-COUNTERFEIT ACT

THE ANTI-COUNTERFEIT REGULATIONS

LEGAL NOTICE 126 OF 2010

Published in Kenya Gazette Vol. CXII—No. 85 on 26 August 2010
Commenced on 26 August 2010

[Amended by Anti-Counterfeit (Amendment) Regulations, 2021 (Legal Notice 117 of 2021) on 30 July 2021]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Anti-Counterfeit Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Act" means the Anti-Counterfeit Act (Cap. 510);"agent" means a person duly appointed to act on behalf of an intellectual property right owner, and includes a licensee;"application" means an application made to the Executive Director in respect of any seized goods or to the Commissioner in respect of suspect counterfeit goods under the Act;"approved laboratory" means a testing or analysis facility approved by the Board and published by the Cabinet Secretary in the Gazette;"batch" means the total number of identical items seized by an inspector under the Act;"Board" means the Board of the Authority established under section 6 of the Act;"certificate of authority" means a certificate issued by the Board to an inspector under section 22 of the Act;"copies" means certified copies of statements or any documentary evidence issued under the Act or these Regulations;"Executive Director" means the Executive Director of the Authority appointed under section 10 of the Act;"inventory" means a record of goods seized by an inspector under the Act; and"registration certificate" means a certificate relating to protection of intellectual property rights issued under any written law.[L.N. 117/2021, r. 2.]

3. Powers of the Board

The Board shall be responsible to the Cabinet Secretary for all its powers, duties and functions under the Act.[L.N. 117/2021, r. 3.]

4. Term of office of the Executive Director

The Executive Director shall hold office for a period of three years, and shall be eligible for re-appointment for one further term.

5. Appointment of inspectors

(1)The Board shall issue a Certificate of Authority in Form ACA 1 set out in the First Schedule, to an inspector appointed under section 22 of the Act.

(2)An inspector shall, during the performance of his duties, produce the Certificate of Authority for the purpose of identification.

6. Designated inspectors

(1)A designated inspector under section 22(3) of the Act shall operate under the instruction and direction of his respective institution.

(2)The institutions under which the designated inspectors operate, shall report to the Authority, concerning all matters relating to counterfeit goods, on a monthly basis.[L.N. 117/2021, r. 4.]

7. Powers of inspectors

(1)An inspector may in the performance of his duties require a person, dealing in goods which are suspected to be counterfeit goods, to provide sufficient labour for the proper and expeditious handling of goods or any tools under the Act.

(2)Where a person, dealing in goods which are suspected to be counterfeit goods suspect goods fails to provide sufficient labour for the proper and expeditious handling of the goods or any tools, the inspector may hire such labour as is reasonably necessary at the expense of that person.

8. Inventory of seized goods

(1)An inspector shall record any goods or tools seized in accordance with the Act, in Form ACA 2 set out in the First Schedule.

(2)Where a person from whom goods have been seized declines to sign the Form referred to in paragraph (1) as required, the inspector shall make a note to that effect on the form.[L.N. 117/2021, r. 5.]

9. Application for copies of statements

(1)A complainant wishing to obtain copies of a statement or documentary evidence procured by an inspector under section 26(1) of the Act, shall apply to the Executive Director in Form ACA 3 set out in the First Schedule.

(2)An application under paragraph (1) shall be accompanied by—

(a)documentary proof that the applicant is the complainant;

(b)an affidavit stating that the copies obtained shall be used for only the purpose indicated on the application form; and

(c)the fee specified in the Second Schedule.

10. Application for inspection of seized goods

(1)A person wishing to inspect, goods seized under section 27(2) of the Act, shall apply to the Executive Director in Form ACA 4 set out in the First Schedule.

(2)The application under paragraph (1) shall be accompanied by fee specified in the Second Schedule.

11. Application for samples

(1)A person who wishes to obtain samples of goods seized for testing or analysis under section 27(3) of the Act, shall apply in Form ACA 5 set out in the First Schedule.

(2)The application under paragraph (1) shall be accompanied by fee specified in the Second Schedule.

12. Taking of samples by an inspector

(1)For the purpose of obtaining a sample from goods seized under section 27(4) of the Act, an inspector shall select the sample from the batch of the goods seized.

(2)An inspector shall select a sample of the goods seized and make a record of the sample taken in Form ACA 6 set out in the First Schedule.

(3)The sample obtained under this regulation may be submitted to an approved laboratory for testing or analysis in Form ACA 7 set out in the First Schedule.

13. Laying a complaint

(1)An intellectual property right owner or his agent who wishes to lay a complaint to the Executive Director under section 33(2) of the Act shall lay a complaint in Form ACA 8 set out in the First Schedule.

(2)The complaint under paragraph (1) of this regulation shall be accompanied by—

(a)the fee specified in the Second Schedule;

(b)an affidavit sworn by the complainant or his agent attaching the registration certificate and or any other relevant document in support of the complaint; and

(c)an indemnity in Form ACA 9 set out in the First Schedule, signed by the complainant indemnifying the Authority from any claim for wrongful seizure, removal or detention of alleged counterfeit goods.

[L.N. 117/2021, r. 6.]

14. Application to the Commissioner to seize suspect goods

(1)An intellectual property right owner (or his agent) who wishes, to have suspected counterfeit goods seized by the Commissioner, under section 34(1) shall apply in Form ACA 10 set out in the First Schedule.

(2)The application under paragraph (1) shall be accompanied by—

(a)the fee specified in the Second Schedule;

(b)an affidavit sworn by the complainant attaching the registration certificate or any other relevant document in support of the application; and

(c)an indemnity in the Form ACA 11 set out in the First Schedule signed by the complainant indemnifying the Customs Authority from any claim made for any wrongful seizure, removal or detention of alleged counterfeit goods.

15. Submission of particulars

(1)An intellectual property right owner or his agent may submit particulars of the intellectual property right to the Authority in Form ACA 12 set out in the First Schedule.

(2)The Executive Director shall maintain a database of all the particulars submitted under this regulation.

(3)A person wishing to make a search on the database maintained under this regulation shall apply in Form ACA 13 set out in the First Schedule and pay the fee specified in the Second Schedule.[L.N. 117/2021, r. 7.]

16. Disposal of seized goods

(1)Where the goods seized under the Act are required to be returned to the owner, an inspector shall release the goods after completing Form ACA 14 of the First Schedule and any goods used for testing or analysis shall be recorded.

(2)Where the goods seized under the Act are perishable, the inspector shall apply to a magistrate for an order of disposal.

(3)Any goods forfeited under section 28(2) of the Act shall be destroyed or disposed of in such manner as the Executive Director may determine.

(4)The Executive Director shall ensure that the disposal under this regulation shall not adversely affect the owner of the intellectual property right or a licensee.

(5)Upon destruction of any seized goods, the Executive Director shall issue a Destruction Certificate in Form ACA 16 set out in the First schedule.[L.N. 117/2021, r. 8.]

17. False declarations

A person who—

(a)with intent to deceive or mislead, gives any false information in relation to any application made to the Authority or Commissioner; or

(b)removes, adds to, alters, defaces, or renders illegible any information on any Form prescribed under these Regulations in relation to any goods or tools,

commits an offence and shall be liable upon conviction to imprisonment for a term not exceeding six months, or a fine not exceeding six thousand shillings, or both.[L.N. 117/2021, r. 9.]

18. Appointment of an Agent

(1)The owner of an intellectual property right may appoint an agent to act on his behalf by completing Form ACA 15 set out in the First Schedule and payment of the fee specified in the Second Schedule.

(2)An applicant who ordinarily resides outside Kenya or has a principal place of business outside Kenya may be represented by an agent.

(3)A person seeking to operate as an agent under this regulation shall apply, to the Authority, for admission as an agent in the Form ACA 17 set out in the First Schedule and accompanied by the fee specified in the Second Schedule.

(4)The admission granted under paragraph (3) shall be renewed annually.

(5)An application for renewal of admission as an agent shall be made to the Authority in form ACA 18 set out in the First Schedule and accompanied by the fee specified in the Second Schedule.

(6)The Authority shall maintain a register of all agents admitted under this regulation.

(7)The owner of an intellectual property may, at any time, revoke the appointment of an agent under this regulation and shall immediately notify the Authority in writing of such revocation.

(8)An agent, other than those that are members of any statutory professional body, appointed under this regulation shall, in addition to the conditions imposed by the Authority, meet the requirements set out under the Private Security Regulation Act (Cap. 207).[L.N. 117/2021, r. 10.]

18A. Code of Conduct

The Authority shall develop a Code of Conduct and any other manual for all agents admitted under these Regulations.[L.N. 117/2021, r. 10.]

18B. De-registration of an agent

(1)The Authority may de-register an agent on the following grounds—

(a)gross misconduct;

(b)failure to comply with the provisions of the Act or the Code of Conduct;

(c)non-performance for a continuous period of at least six months;

(d)in the interest of the public; or

(e)such other reasonable cause.

(2)Before de-registration, the Executive Director shall grant the agent a reasonable opportunity to be heard.

(3)An agent de-registered by the Authority may apply to the High Court for judicial review of the decision and the decision of the High Court shall be final.[L.N. 117/2021, r. 10.]

18C. Exemption from certain requirements or conditions

(1)An agent may apply to the Authority to be exempted from any of the requirements or conditions imposed on agents under these Regulations.

(2)An application for exemption under paragraph (1) shall made in the Form ACA 19 set out in the First Schedule and accompanied by the fee specified in the Second Schedule.

(3)The Authority may grant an exemption if satisfied that there are compelling and sufficient reasons to exempt the agent from the requirements or conditions of these Regulations.[L.N. 117/2021, r. 10.]

19. Forms

(1)The forms prescribed in the First Schedule to these Regulations shall with such modifications as may be necessary, be used for the purpose indicated therein.

(2)Notwithstanding the provision of these Regulations, a document which deviates from the prescribed form shall not be void by reason of the deviation which does not affect the substance of the document, unless it is calculated to mislead or deceive in which case regulation 17 shall apply.

20. Offence

The owner of suspected counterfeit goods who continues to deal or trade in goods of similar description, commits an offence and is liable upon conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding six thousand shillings, or both.

20A. Application for compounding of offences

(1)An application for compounding of an offence in accordance with section 34A of the Act shall made in the Form ACA 20 and accompanied by the fees specified in the Second Schedule.

(2)Upon receipt of an application under paragraph (1), the Executive Director may—

(a)approve the application and make an order in Form ACA 21 set out in the First Schedule; or

(b)reject the application and notify the applicant, in writing, within fourteen days of such decision.

(3)Where a complainant and a suspect likely to be charged with any offence under the Act reach an out of court settlement, the said agreement shall not be valid unless the settlement agreement is reached with the concurrence of the Authority.

(4)Notwithstanding the provisions of these Regulations, the Executive Director may, in appropriate circumstances, allow the payment by instalment of any fees emanating directly out of any alternative dispute mechanism provided that such instalments shall not extend to a period of more than twelve months.[L.N. 117/2021, r. 11.]

21. Discretion

(1)The Executive Director may exercise his discretion on any application made under these Regulations.

(2)Any person who is aggrieved by any decision of the Executive Director may appeal to the Cabinet Secretary.[L.N. 117/2021, r. 12.]

22. Approved laboratories

The Cabinet Secretary shall publish a list of approved laboratories for the purpose of testing or analyzing goods seized under the Act.[L.N. 117/2021, r. 13.]

23. Register

(1)The Executive Director shall maintain registers of all complaints received and prosecutions instituted under the Act.

(2)A person wishing to search the register maintained under paragraph (1) shall apply in Form ACA 13 set out in the First Schedule and pay the fee specified in the Second Schedule.

FIRST SCHEDULE

FORMS

[L.N. 117/2021, r. 14.]

FORM ACA 1		(r. 5(1))
THE ANTI-COUNTERFEIT ACT(CAP. 510)

1.	Name of Inspector
2.	I.D. Number
3.	Designation
4.	Signature of holder


I certify that the person whose particulars are herein indicated has been appointed an inspector under section 22 of the Anti-Counterfeit Act (Cap. 510).

Issued and sealed on this ..................... day of ..................., 20 .............

.................................................
Signature

EXECUTIVE DIRECTOR

This Certificate is the property of The Anti-Counterfeit Agency. In case it is lost and found, the same should be returned to The Anti-Counterfeit Agency, Telposta Towers, 23rd Floor P.O. Box 30418-00100. Nairobi, or surrendered to the nearest Police Station.
______________________________________

FORM ACA 2		(r. 8(1))
THE ANTI-COUNTERFEIT ACT (Cap. 510)
The Anti-Counterfeit Agency

INVENTORY OF SEIZED GOODS

1.	Name of the owner/agent of the seized goods
2.	Telephone number, postal and physical address
3.	Description of goods
4.	Quantity of goods
5.	Place of seizure (physical address)
6.	Date and time of seizure
7.	Full particulars of the inspector seizing the goods
8.	Remarks


Dated this ......................................................................., day of .................... 20 .............

Signature ..................................................................................................................................

INSPECTOR

Signature ............................................................................

OWNER/AGENT
Name ..................................................................................

Signature ..............................................................................

WITNESS

Received by: ..........................................................................

Name ..................................................................................

Signature ...........................		Date ................................

DEPOT MANAGER
NOTES:
	1. If space provided is not sufficient, please use a separate sheet of paper.
	2. This form should be completed in quadruplicate. One copy to be issued to the owner/agent of the suspected goods, one copy to be delivered to the counterfeit goods depot, one copy to be filed in the investigation file by the inspector and one copy to be filed in the relevant file.

________________________________

FORM ACA 3		(r. 9 (1))
THE ANTI-COUNTERFEIT ACT (Cap. 510)
The Anti-Counterfeit Agency

APPLICATION FOR COPIES OF STATEMENTS

The Executive Director,
The Anti-Counterfeit Agency

1.	Name of the owner or agent
2.	Telephone number, postal and physical address
3.	Reference number of the complaint under section 33
4.	Reason(s) for seeking copies
5.	Remarks


Dated this ......................... day of ........................................, 20 .................

Signature ...................................................................................

OWNER/AGENT
For official use only

THIS APPLICATION IS APPROVED/NOT APPROVED
..............................................................................

EXECUTIVE DIRECTOR

________________________________

FORM ACA 4		(r. 10(1))
THE ANTI-COUNTERFEIT ACT (Cap. 510)
The Anti-Counterfeit Agency

APPLICATION FOR INSPECTION OF SEIZED GOODS
The Executive Director,
The Anti-Counterfeit Agency

1.	Name of the complainant/prospective complainant/suspect/ any other interested person
2.	Telephone number, postal and physical address
3.	Reference number of the matter
4.	Description of goods
5.	Quantity of goods
6.	Place of seizure (physical address)
7.	Reason for inspection
8.	Remarks


Dated this ................................ day of ....................................., 20 ..................

Signature .............................................................................................................
APPLICANT
For official use only

THIS APPLICATION IS APPROVED/NOT APPROVED.
........................................................................................................

EXECUTIVE DIRECTOR

Inspection carried out by the applicant on this .......... day of ............, 20 .......

......................................................................
DEPOT MANAGER

NOTES:
	1. If space provided is not sufficient, please use a separate sheet of paper.

	2. This Form shall be completed in quadruplicate. One copy to be retained by the Director, one copy to be given to the applicant, two copies to be given to the Depot Manager, who will return one of the copies to the Director after inspection of the goods.

________________

FORM ACA 5		(r. 11(1))

THE ANTI-COUNTERFEIT ACT (Cap. 510)
The Anti-Counterfeit Agency

APPLICATION FOR SAMPLES

1.	Name of applicant
2.	Telephone number, postal and physical address
3.	Reference number of the matter
4.	Description of goods
5.	Reason for sampling
6.	Sample size
7.	Indicate type of testing/analysis	Destructive	Non Destructive
8.	Remarks


Dated this .................... day of .................., 20 ......................

Signature ..........................................................................................
APPLICANT



For official use only

THIS APPLICATION IS APPROVED/NOT APPROVED

.........................................................
EXECUTIVE DIRECTOR

Sample taken by the applicant on this ......... day of .................., 20 .............

.......................................................................
DEPOT MANAGER
NOTES:
	1. If space provided is not sufficient, please use a separate sheet of paper.
	2. This Form shall be completed in quadruplicate. One copy to be retained by the Executive Director, one copy to be given to the applicant, two copies to be given to the Depot Manager, who will return one of the copies to the Executive Director after inspection of the goods.
___________________________________________

FORM ACA 6		(r. 12(2))
THE ANTI-COUNTERFEIT ACT (Cap. 510)
The Anti-Counterfeit Agency
SAMPLES FOR TESTING/ANALYSIS

1.	Full particulars of the inspector
2.	Reference Number of the matter
3.	Quantity of the goods
4.	Description of the goods
5.	Sample size
6.	Indicate type of testing/analysis	Destructive	Non Destructive
7.	Remarks

Dated this ...................... day of ................, 20 .............
Signature ................................................................................
INSPECTOR
Released by:

Name ...............................................................................................

Signature .....................................		Date: .........................................
DEPOT MANAGER

NOTES:
	1. If space provided is not sufficient, please use a separate sheet of paper.
	2. This Form shall be completed in triplicate. One copy to be retained by the inspector, one copy to be filed in the relevant file and one copy to be retained by the Depot Manager.

___________________________________________

FORM ACA 7		(r. 12(3))
THE ANTI-COUNTERFEIT ACT (Cap. 510)
The Anti-Counterfeit Agency
SUBMISSION OF SAMPLES FOR TESTING/ANALYSIS
To ....................................................
.....................................................

1.	Full particulars of the inspector
2.	Reference Number of the matter
3.	Quantity of the goods
4.	Description ofthe goods
5.	Remarks

Dated this ............. day of .............., 20 ..........

Signature ...........................................
INSPECTOR

Received by:
Name ................................................................
Signature ................................ Date: .........................

(Official stamp)

Note.—This Form shall be completed in triplicate. One copy to be retained by the inspector, one copy to be filed in the relevant file and one copy to be submitted with the sample to the testing or analysis laboratory.

Ref. No. ..........................................................

________________________________

FORM ACA 8		(r. 13(1))
THE ANTI-COUNTERFEIT ACT (Cap. 510)
The Anti-Counterfeit Agency
LAYING A COMPLAINT
The Executive Director,
The Anti-Counterfeit Agency

1.	Name of the owner of intellectual property
2.	Telephone number, postal and physical address of owner
3.	Name of agent, if any
4.	Telephone number, postal and physical address of agent
5.	Description of suspected counterfeit goods
6.	Place where the goods are situated or intended destination
7.	Particulars of the consignment or packages
8.	The means of transport where applicable
9.	The identity of the importer, exporter, holder, distributor or manufacturer.
10.	Place where goods are produced, if known
11.	Means of production where applicable
12.	Nature of complaint
13.	Description of the genuine goods or copyrighted works
14.	Samples of the genuine products or copyrighted works


Dated this ............. day of .............................., 20 ...................
Signature ......................................................................COMPLAINANT/AGENT

NOTES:
	1. If space provided is not sufficient, please use a separate sheet of paper.
	2. This Form shall be completed in triplicate.
	3. This application shall be accompanied by a registration certificate and or any other documentary proof that the applicant is the complainant and an affidavit sworn by the complainant/agent in compliance with regulation 13(2)(b).

_____________________________

FORM ACA 9		(r. 13(2)(c))
ANTI-COUNTERFEIT ACT (Cap. 510)
The Anti-Counterfeit Agency
INDEMNITY

I, ..................................................... (Full name) of P.O. Box ........................................... do hereby, undertake to indemnify the Anti-Counterfeit Agency, its staff members and agents against any liability that may be incurred pursuant to seizure, removal or detention of any alleged counterfeit goods or any other action with or delivery of the goods, as described below, in terms of the Anti-Counterfeit Act (Cap. 510) and any other written law and further undertake to cover any expenses that may be incurred in effecting the seizure, removal or detention of the goods and to pay any legal costs incurred by the Agency pursuant to the seizure, removal or detention of the goods and to pay and arrange for the removal of such goods to a place of storage, and to pay any costs, including any Agency’s counterfeit depot rent as determined by the Executive Director and to arrange for and pay for the destruction of the goods if required.

Dated ........... this ........ day of ............., 20 .......... , at ................... (place)

........................................................................................Complainant

(Signature) ..............................................................(Designation)
Guarantors:
1. .................................................		1. .................................................
Guarantor		Guarantor
Witnesses:
1. ..................................................		2. ..................................................
Witnesses		Witnesses
(No wording is to be changed or altered in this indemnity)

_____________________________


Ref. No. ......................

FORM ACA 10		(r. 14(1))

ANTI-COUNTERFEIT ACT
The Anti-Counterfeit Agency

APPLICATION TO SEIZE AND DETAIN SUSPECT COUNTERFEIT GOODS

The Commissioner is hereby requested to seize and detain suspect counterfeit goods, the particulars of which are set out here below—

1.	Name of the owner of the intellectual property
2.	Telephone number, postal and physical address of owner
3.	Name of agent, if any
4.	Telephone number, postal and physical address of agent
5	Description ofsuspected counterfeit goods
6.	Place where the goods are situated or intended destination
7.	Particulars of the consignment or packages
8.	The means of transport where applicable
9.	The identity of the importer, exporter, holder, distributor or manufacturer
10.	Place where goods are produced, if known
11.	Means of production where applicable
12.	Description of the genuine goods or copyrighted works
13.	Samples of the genuine products or copyrighted works


Dated this ....................... day of ..............................., 20 ..................

Signature .......................................................................
COMPLAINANT/AGENT


NOTES:

1.	If space provided is not sufficient, please use a separate sheet of paper.

2.	This Form shall be completed in triplicate.

3.	This application shall be accompanied by registration certificate and or any other documentary proof that the applicant is the complainant and an affidavit sworn by the complainant/agent in compliance with regulation 14(2)(b).

________________________________

FORM ACA 11		(r. 14(2)(c))
ANTI-COUNTERFEIT ACT
The Anti-Counterfeit Agency

INDEMNITY

I, ............................ (Full name) of P.O. Box ...................... do hereby, undertake to indemnify the Customs Authority, its staff members and agents against any liability that may be incurred pursuant to seizure, removal or detention of any alleged counterfeit goods or any other action with or delivery of the goods, as described below, in terms of the Anti-Counterfeit Act (Cap. 510) and any other written law and further undertake to cover any expenses that may be incurred in effecting the seizure, removal or detention of the goods and to pay any legal costs incurred by the Customs Authority pursuant to the seizure, removal or detention of the goods and to pay and arrange for the removal of such goods to a place of storage, and to pay any storage costs, including any Customs Authority’s warehouses rent as determined by the Commissioner and to arrange for and pay for the destruction of the goods if required.

Dated ............ this ........... day of ............., 20 ..... , at ................. (place)
............................................................
Complainant

(Signature) ..........................................
(Designation)

1. ......................................................		1. .............................................................
Guarantor		Guarantor
Witnesses:
1. ....................................................................		2. .............................................................
Witnesses		Witnesses
(No wording is to be changed or altered in this indemnity)

Ref. No. .................................

___________________

FORM ACA 12		(r. 15(1))

ANTI-COUNTERFEIT ACT

The Anti-Counterfeit Agency
SUBMISSION OF PARTICULARS OF INTELLECTUAL PROPERTY RIGHT
The Executive Director,
The Anti-Counterfeit Agency

1.	Name of owner of the intellectual property
2.	Telephone number, postal and physical address of owner
3.	Name of agent, if any
4.	Telephone number, postal andphysical address of agent
5.	Description of the intellectual property right
6.	Description of goods
7.	Samples of the goods or copyrighted works
8.	Place where the goods are produced
9.	Remarks

Dated this ................... day of ..............., 20 .............

Signature ......................

NOTES:
	1. If space provided is not sufficient, please use a separate sheet of paper.

	2. This Form shall be accompanied by a certified copy of registration of the intellectual property right or information which furnishes evidence concerning authorship or creation.

____________________


FORM ACA 13		(rr. 15(3) and 23(2))
ANTI-COUNTERFEIT ACT

The Anti-Counterfeit Agency

APPLICATION FOR SEARCH

The Executive Director,
The Anti-Counterfeit Agency

1.	Name of Applicant
2.	Telephone number, postal and physical address of applicant
3.	Name of owner
4.	Telephone number, postal and physical address of owner
5.	Name of agent, if any
6.	Telephone number, postal and physical address of agent
7.	Reason forthe search
8.	Remarks


Dated this .................. day of ...................................., 20 .....................

Signature ...........................................................

APPLICANT

____________________

FORM ACA 14		(r. 16(1))
ANTI-COUNTERFEIT ACT
The Anti-Counterfeit Agency
RELEASE OF SEIZED GOODS
The goods described here below are hereby released to the person specified:

1.	Name of the owner of seized goods
2.	Telephone number, postal and physical address of owner
3.	Name of agent, if any
4.	Telephone number, postal and physical address of agent
5.	Reference number of the matter
6.	Description ofthe goods
7.	Quantity of goods seized
8.	Quantity of goods used for testing or analysis
9.	Quantity of goods released
10.	Reason(s) for release
11.	Remarks


Dated this .......................................................... day of ................, 20 .............

Signature .......................................................................................INSPECTOR
Received By:

Name ............................................... Signature ..................................

Identity Number/Passport/Driving Licence ...................................................(Delete whichever is not applicable)
Date ....................................................................................

Witness ...........................................................................

Name and Signature

Date ............................................................................

Name ....................................................................

Signature ............................................ Date ..........................DEPOT MANAGER
NOTES:
	1 If space provided is not sufficient, please use a separate sheet of paper.
	2 This form should be completed in quadruplicate. One copy to be issued to the owner/agent of the suspected goods, one copy to be delivered to the Counterfeit Goods Depot, one copy to be filed in the investigation file by the Inspector and one copy to be filed in the Agency’s registry.
	_______________________

FORM ACA 15		(r. 18(1))
THE ANTI-COUNTERFEIT ACT
The Anti-Counterfeit Agency
POWER OF ATTORNEY

BY THIS POWER OF ATTORNEY, (full name of owner) ........................................ of (address) ........................................... (hereinafter called “the owner”) hereby nominates, constitutes and appoints (name of Attorney) ................................. of (address) .................................................. (hereinafter called “the Agent”), to be the true and lawful agent of the owner with full power and authority for, and in the name of, and on behalf of the owner, to do or execute all or any of the acts and things hereinafter mentioned, that is to ........................................Generally to do all such acts and things not herein specially authorised as the Agent may deem proper or expedient in relation to all or any of the purposes or matters aforesaid.
The owner hereby agrees to ratify all that the Agent shall do or cause to be done in execution of this deed. This power of attorney shall in all respects be interpreted in accordance with and governed by the laws of the Republic of Kenya.

Signed and sealed on this ................. day .......................... of ............., 20 ........ , at ............................. (place)

Full name ....................................... Designation ............................

Signature ...........................

Note.—This form shall be stamped in accordance with the provisions of the Stamp Duty Act.

_____________________

FORM ACA 16		(r. 16(5))

ANTI-COUNTERFEIT ACT
The Anti-Counterfeit Agency
DESTRUCTION CERTIFICATE

1	Name of the owner of seized goods
2	Telephone number, postaland physical address of owner
3	Name of agent if any
4	Telephone number, postal and physical address of agent
5	Type and quantity of seized goods
6	Type and quantity of goods destroyed
7	Name of the destroying companyTelephone number, postaland physical address of destroying company
8	Telephone number, postal and physical address of destroying company
9	Method of destruction
10	Remarks


This is to certify that the above stated goods were destroyed in compliance with the applicable environmental laws of Kenya on this ................. day of ..................................... 20 ...................

Witnessed by:

Name ............................ Signature ................ Date ............
	OWNER/AGENT

Name ............................ Signature ....................... Date ..........
	INSPECTOR

Name .......................Signature ..................... Date ........... .

	DEPOT MANAGER

________________________________

FORM ACA 17		(r. 18(3))
ANTI-COUNTERFEIT ACT
The Anti-Counterfeit Agency
APPLICATION FOR ADMISSION AS AN AGENT
The Executive Director,
The Anti-Counterfeit Authority

1	Name of the owner of seized goods
2	Telephone number, postal, physical and email addresses of Applicant
3	Remarks


I, the applicant identified above, apply to be admitted to practice before the Authority.
	(i) I attach a copy of my identity card.

	(ii) I attach evidence that I satisfy the requirements of Regulation 18

Dated this ................... day of .................................. 20 ..................

Name .................................... Signature ..................................

For official use only
THIS APPLICATION IS APPROVED/NOT APPROVED
......................................................................................

EXECUTIVE DIRECTOR

NOTES;
	1. If space provided is not sufficient, please use a separate sheet of paper

	2. This form shall be accompanied with a certified copy of the Power of Attorney.

________________________________

FORM ACA 18		(r. 18(5))
ANTI-COUNTERFEIT ACT
The Anti-Counterfeit Agency
APPLICATION FOR RENEWAL OF REGISTRATION AS AN AGENT
The Executive Director,
The Anti-Counterfeit Authority

1	Name of the Applicant
2	Telephone number, postal, physical and email addresses of Applicant
3	Period when last registered
4	Remarks

I, the applicant identified above, apply to be admitted to practice before the Authority.
	(i) I attach a copy of my identity card.
	(ii) I attach evidence that I satisfy the requirements of Regulation 18(3).

Dated this ................ day of .................. 20.......

Name.............................. Signature ..................

For official use only

THIS APPLICATION IS APPROVED/NOT APPROVED
......................................................................................

EXECUTIVE DIRECTOR
NOTES:
	1. If space provided is not sufficient, please use a separate sheet of paper
	2. This form shall be accompanied with a certified copy of the Power of Attorney.

________________________________

FORM ACA 19		(r. 18C(2))
ANTI-COUNTERFEIT ACT
The Anti-Counterfeit Agency

APPLICATION FOR EXEMPTION BY AN AGENT
The Executive Director,
The Anti-Counterfeit Authority

1	Name of the Applicant
2	Telephone number, postal, physical and email addresses of Agent
3	Condition against which the Agent seeks exemption
4	Justification for exemption
6	Additional information (if any)

Dated this ................................ day of .................. 20.......

Name.............................................. Signature ..................

For official use only

THIS APPLICATION IS APPROVED/NOT APPROVED

......................................................................................
EXECUTIVE DIRECTOR

NOTES;
	1. If space provided is not sufficient, please use a separate sheet of paper

	2. This form shall be accompanied with a certified copy of the Power of Attorney.

________________________________

FORM ACA 20		(r. 20A(1))
ANTI-COUNTERFEIT ACT
The Anti-Counterfeit Agency

APPLICATION FOR COMPOUNDING OF AN OFFENCE
The Executive Director,
The Anti-Counterfeit Authority,

1	Name of the owner of the seized goods
2	Telephone number, postal, physical and email addresses of owner
3	Name of agent if any
4	Telephone number, postal, physical and email addresses of agent
5	Description of seized goods
6	Quantity of seized goods
7	Retail value of seized goods
8	Physical location of the premise where the goods were seized
9	Date and time when the goods were seized
10	Remarks

I hereby admit that I have committed the offence of .............................. And hereby request the Executive Director to deal with the offence under Section 34 A (1) of the Anti-Counterfeit Act.

Dated this ................................ day of .................. 20.......

Name.............................................. Signature ..................

For official use only

THIS APPLICATION IS APPROVED/NOT APPROVED

......................................................................................

EXECUTIVE DIRECTOR
NOTES;

	1. If space provided is not sufficient, please use a separate sheet of paper

	2. This form shall be completed in quadruplicate. Upon approval of the application, a copy will be given to the applicant, the original to be filed in the relevant file of the compounding committee, one copy to be given to the Inspector and one copy to be filed in the relevant file.

	3. This application shall be accompanied by the Inventory of Seized Goods and an affidavit in support of the application.

________________________________


FORM ACA 21	(r. 20A(2)(a))

ANTI-COUNTERFEIT ACT
The Anti-Counterfeit Agency

COMPOUNDING ORDER

.......................... (1) having admitted that goods seized on ................ (2) at ............................... (3) by the Authority from it/his/her (4) are counterfeit and having therein requested the Executive Director to deal with the matter under section 34A of the Act, this is therefore to order that ..................... (5) pays a fine of Ksh .................... within a period of from the date of this Order.

Given under my hand at (6) ............... on this ........ day of .............. 20.....

....................................
Executive Director
NOTES:

	1. Enter name of the person admitting to the offence.

	2. Enter date of seizure

	3. Indicate place of seizure

	4. Indicate as appropriate

	5. Enter name as in note 1 above

	6. Indicate place of issuance of order

SECOND SCHEDULE [r. 9(2)(c), 10(2), 11(2), 13(2)(a), 14(2)(a), 15(3), 18, 23(2)]

FEES


ANTI-COUNTERFEIT ACT

The Anti-Counterfeit Agency

No.	Forms	Purpose	KSh.
1.	FORM ACA 3	Application for copies of statements per page	50
1.	FORM ACA 3	Additional fees for certification per document	1,000
2.	FORM ACA 4	Application for inspection of seized goods	2,000
3.	FORM ACA 5	Application for samples	5,000
4.	FORM ACA 8	Laying of a complaint	10,000
5.	FORM ACA 10	Application to the Commissioner to seize suspected counterfeit goods	10,000
6.	FORM ACA 13	Application for search	1,000
7.	FORM ACA 15	Power of Attorney	1,000
8.	FORM ACA 17	Application for admission as an agent	10,000
9.	FORM ACA 18	Application for renewal of admission as an agent	5,000
10.	FORM ACA 19	Application for exemption of as an agent	1,000
11.	FORM ACA 20	Application for compounding of an offence	5,000

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History of this document

31 December 2022 this version

Revised by 24th Annual Supplement

30 July 2021

Amended by Anti-Counterfeit (Amendment) Regulations, 2021

Read this version

26 August 2010

Published in Kenya Gazette 85

Commenced

Read this version

The Anti-Counterfeit Regulations

Legal Notice 126 of 2010

Related documents

LAWS OF KENYA

ANTI-COUNTERFEIT ACT

THE ANTI-COUNTERFEIT REGULATIONS

LEGAL NOTICE 126 OF 2010

1. Citation

2. Interpretation

3. Powers of the Board

4. Term of office of the Executive Director

5. Appointment of inspectors

6. Designated inspectors

7. Powers of inspectors

8. Inventory of seized goods

9. Application for copies of statements

10. Application for inspection of seized goods

11. Application for samples

12. Taking of samples by an inspector

13. Laying a complaint

14. Application to the Commissioner to seize suspect goods

15. Submission of particulars

16. Disposal of seized goods

17. False declarations

18. Appointment of an Agent

18A. Code of Conduct

18B. De-registration of an agent

18C. Exemption from certain requirements or conditions

19. Forms

20. Offence

20A. Application for compounding of offences

21. Discretion

22. Approved laboratories

23. Register

FIRST SCHEDULE

FORMS

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________________________________

_____________________________

_____________________________

________________________________

___________________

____________________

____________________

_____________________

________________________________

________________________________

________________________________

________________________________

________________________________

SECOND SCHEDULE [r. 9(2)(c), 10(2), 11(2), 13(2)(a), 14(2)(a), 15(3), 18, 23(2)]

FEES

History of this document

31 December 2022 this version

30 July 2021

26 August 2010

Related documents

Is amended by