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7/31/2019 Anti-counterfeit Measures, Economic Development and Vision 2030 19thjune 2012
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ANTI-COUNTERFEITMEASURES, ECONOMIC
DEVELOPMENT AND VISION2030Presentation by Mr. Stephen Mallowah
Executive Director
Anti-Counterfeit AgencyAt the Red Court HotelJune 19, 2012
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INTRODUCTION
The Anti-Counterfeit Agency (ACA) came into operation in June 2010 after anenactment of the Anti-Counterfeit Act No.13 of 2008 by the Government ofKenya.
As a state corporation, the ACA has the mandate to enlighten and inform thepublic on matters relating to counterfeiting, combat trade and dealings ofcounterfeits, devise and promote training programs on the same, andcoordinate with national, regional and international organizations.
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INTRODUCTION Contd
Trade in counterfeit goods is a lucrative, growing andprofitable business.
The counterfeiters are well organized and they keepimproving the quality of packaging, making it difficultfor consumers and enforcement agents to distinguishbetween genuine and counterfeited goods.
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INTRODUCTION Contd
Acounterfeit is an imitation, usually one that is made with theintent of fraudulently passing it off as genuine.
Counterfeiting therefore has been a pain in the neck to
entrepreneurs, innovators and the public over the years.Counterfeiting and piracy of intellectual property are a globalconcern that denies Intellectual Property Rights owners theirdeserved benefits. This leads to massive losses to governments,manufacturers and consumers.
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SCOPE OF COUNTERFEITPRODUCTS
Certified Seeds
Cigarettes/ Alcoholic Beverages
Dry Cell Batteries
Cosmetics
Cooking fats and oils
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SCOPE OF COUNTERFEITPRODUCTS Cont.
Electronics/ Electrical Goods
Medicines/ Pharmaceuticals
Food Products & Drinks
Soaps and Detergents
Shoe Polish
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DRIVERS OF COUNTERFEITPRODUCTS
Advances inManufactur-
ingTechnology
Law ofGreed (LowRisks, HighReturns)
Lack ofModernTools toEnable
Detection
LowPolitical Will
to Help
IncreasedInternational
Trade
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ECONOMIC DEVELOPMENT
Protection of intellectual property rights (IPR) is an issue of high importanceand increasing priority for governments.
Its importance reflects the growing recognition of the key role that intellectualproperty (IP) plays in promoting innovation and growth on the one hand, and,on the other, increasing concern with the adverse effects that counterfeitingand piracy have on economies and society as a whole.
Strengthening IPRs systems could raise or lower economic growth, though therelationships would be complex and dependent on circumstances.
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ECONOMIC DEVELOPMENT
The IMF, the World Bank and otherinternational institutes have estimated thatthe parallel economy arising from tax
evasion, undeclared trade and othercriminal activities represents 15-20% ofglobal GDP. Worse, since the 1990s, illicit
trade has increased seven times fasterthan legal trade, with major consequencesfor the global economy.
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ECONOMIC DEVELOPMENTContd
In Kenya, the Kenya Association ofManufacturers estimates that thegovernment is losing revenue in form of
taxes amounting to Kshs.6 billion per year,while the private sector is experiencinglosses to the tune of Kshs. 30 billion insales per year due to counterfeit goods
alone. These statistics could be higher ifthe whole sector of the undergroundeconomy is taken into account.
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VISION 2030
As we are all aware, the Kenyan Government developed aninitiative to become an industrial nation by the year 2030.
Intellectual property remains a key competitive asset in Kenyasplans to achieve vision 2030 and the main backbone is throughinnovations which will revolutionalize the economy.
When there is protection of innovative ideas, the economicgrowth will be realized which will lead to creating businesses,jobs, and the improvement of the standards of living.
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VISION 2030 Contd
The Kenya Vision 2030 is built on three pillars:Economic, Social and Political pillar.
Under each of these pillars, there are adverse effectsby counterfeiting which, if not addressed, will makethe nation not to achieve its vision 2030 goals.
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SOCIAL EFFECTS
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SOCIAL EFFECTS
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SOCIAL EFFECTS Contd
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CONCLUSION
The Anti-Counterfeit Agency endeavorstherefore to approach the fight againstcounterfeits in a more inclusive way and
this shall be realize through collaborationswith other institutions like KIPI on IPRprotection who advocate for timely and
quality IPR adjudications.
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Thank You