State of Kenya’s Intellectual Property Protection and Enforcement Regime

BASCAP KENYA REPORT 2013

A study commissioned by the International Chamber of Commerce (ICC) Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative reports that Kenya’s current intellectual property (IP) rights regime performs poorly in international gauges, ranking 95th of 130 countries in the IPR Index and 106th of 140 economies in the Global Competitiveness Index 2010. The BASCAP report, “Promoting and Protecting the Value of IP in Kenya”, sets out BASCAP’s recommendations for policy and legislative changes needed to bring Kenya’s IP regime and IP enforcement efforts up to international standards.

The full 2013 BASCAP Report is available here.

Legislative recommendations:

+ Address deficiencies in criminal IP law and procedures, particularly fines and penalites in the Anti-Counterfeit Act

+ Improve border enforcement provisions in the Anti-Counterfeit Act

+ Address deficiencies in the Copyright Act, 2001, particularly penalties for infringement and delineation of KECOBO and ACA mandates.

+ Improve and expedite civil enforcement procedures, and procedures with respect to the Trade Marks Act, 2001.

+ Grant powers to the ACA to settle matters out of court under the Anti-Counterfeit Act, 2008 in addition the power to destroy counterfeit goods and impose fines.

Policy recommendations:

+ Establish an inter-agency approach between the different Kenya Agencies administering and enforcing IP rights.

+ Establish an inter-agency approach with private sector coordination.

+ Expand IP-related administrative and technical capacity building

+ Increase public and political awareness of counterfeiting and piracy and the associated economic and social harm.

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