|
Getting your Trinity Audio player ready...
|
Kenya stands at a critical juncture in the fight against the growing threat of counterfeit trade.
With an economy increasingly driven by innovation, entrepreneurship and cross-border trade, the protection of intellectual property, our ideas, our brands, our innovations, is no longer a policy option but an economic necessity.
From street markets to e-commerce platforms, counterfeiting and illicit trade have become entrenched, costing the nation over Ksh.153 billion annually in lost tax revenue, business income and unemployment, according to the Kenya Association of Manufacturers.
The losses translate to an estimated 40,000 formal jobs lost every year, undermining industrial growth, public health and investor confidence.
Kenya’s journey in Intellectual Property (IP) enforcement reflects a long and complex evolution. Colonial-era laws introduced to protect foreign commercial interests largely ignored indigenous knowledge and local innovations.
After independence, reforms were slow, and enforcement remained fragmented and under-funded. The establishment of institutions like Kenya Industrial Property Institute (KIPI) in 1977 and the enactment of the Anti-Counterfeit Authority Act in 2008 marked significant progress, offering a local framework for managing trademarks, patents and enforcement actions. Yet even these advances must now adapt to a new digital, borderless world of IP crime.
Today, Kenya is making bold strides to meet this challenge head-on. Recently, the ACA and its partners have introduced important technological innovations aimed at strengthening enforcement.
The launch of the BLEEP system (Borderless Labeling Enforcement and Empowerment Platform) has provided a digital solution for tracking and verifying goods, helping to curb counterfeits at entry points.
Already, over 10 million product units have been verified using the BLEEP platform since its rollout. Coupled with the enhanced IPR recordation system, which has registered over 2,000 trademarks since 2022, and the introduction of digital import permits, these tools are making it harder for counterfeiters to operate in the shadows. These milestones are more than procedural upgrades they represent a paradigm shift in how Kenya is tackling IP crime: smarter, faster and more transparent.
But we must not stop there. While these tools mark real progress, they need to be scaled, integrated and supported across all enforcement points. They must work in tandem with advanced technologies like artificial intelligence and Blockchain, which are already being used in other jurisdictions like the US, UK and India.
These countries have adopted such tools to detect online piracy, monitor markets, and verify product authenticity across global supply chains. If Kenya wants to lead, we must invest in adapting these technologies to fit our local enforcement context.
We must also confront internal obstacles. Corruption, fragmented coordination among agencies, and outdated data systems continue to hinder enforcement.
When counterfeit goods slip through due to bribery or when seized items resurface on shelves, the entire enforcement system loses credibility. Public trust and investor confidence cannot thrive in such an environment. It is time for uncompromising accountability and operational transparency.
The private sector, too, must play a bigger role. Brand owners must partner actively with enforcement bodies providing intelligence, supporting prosecutions, and helping build capacity. Consumers, meanwhile, must be made aware of the real dangers posed by counterfeit products, especially in health-sensitive sectors like pharmaceuticals.
A 2019 report by the Pharmacy and Poisons Board revealed that 20–25% of medicines sold in Kenya are counterfeit or substandard, presenting a grave risk to public health. Enforcement is not the job of one agency it is a shared national responsibility.
As a regional trade and logistics hub, Kenya’s enforcement efforts also affect neighbouring economies. The counterfeit trade is borderless; our response must be as well. We must deepen collaboration within the East African Community and the African Continental Free Trade Area, harmonising laws, sharing intelligence, and conducting joint operations to secure our supply chains.
At its core, IP enforcement is about fairness and protection, ensuring that those who create are not exploited, that legitimate businesses can thrive, and that consumers are safe. Every fake product on a shelf is a threat to a Kenyan job, a Kenyan brand, and a Kenyan dream. The enforcement of intellectual property rights is not just a legal obligation; it is an economic, social, and moral imperative.
Kenya has the tools, talent, and institutional base to lead the fight against counterfeits in Africa. But leadership requires bold steps. We must invest in smart enforcement systems, close institutional loopholes, root out corruption and legislate for the realities of the digital economy.
Kenya’s future cannot be built on imitation and infringement. It must be built on authenticity, creativity and trust. The time to act is now.
Yussuf Osman Ahmed is the Director of Enforcement at the Anti-Counterfeit Authority.
