It must be recognized that counterfeiting is an underground industry that thrives on low expenditure and high profits; slowly eating away at the country’s economy. From endangering public health to having devastating effects on the country’s economy through loss of revenues, the effects of counterfeits cannot be gainsaid. It must also be recognized that the fight against counterfeits is one that every country, especially developing countries such as Kenya, should hold paramount in order to grow their economies by attracting foreign investment and consequently promoting international trade. Indeed, a country that holds strong policies against counterfeits is bound to attract foreign investment with brand owners taking comfort in knowing that the country has put in place mechanisms and procedures to curb counterfeits of their products.

It is in recognition of the harmful effects of counterfeits that the Global Anti-Counterfeiting Network established the World Anti-Counterfeit Day (WACD) to focus on counterfeiting and piracy challenges in the regions or countries of the members involved. This day was recently commemorated on 8^th June 2016.

While members of the Network marked the World Anti-Counterfeit Day in various ways our very own Anti-Counterfeit Agency (ACA), also a member of the Network, was not left behind. In commemoration of the WACD, the ACA on 27^th June 2016 destroyed several counterfeit goods captured by the Agency in its efforts to rid the local market of counterfeits and counter the adverse effects on the economy of the country and the general public. This destruction was no doubt intended to sound a serious warning to the counterfeiters and traders in counterfeit goods alike, with the intention of acting as a deterrent and subsequently reducing trade in counterfeits.

However, while the efforts of the ACA and the recognition of the WACD are celebrated as playing a key role in the fight against counterfeits, it must be remembered that this fight must not be left to the agency and other governmental agencies alone. Brand owners must also play their part by being vigilant in the enforcement of their rights. This typically involves conducting market surveys and investigations upon suspicion of suspected counterfeits to ensure that their rights are protected. Much of the success of the efforts of the governmental agencies in curbing counterfeits relies on information received from brand owners regarding counterfeit distribution and supply chains, which information is obtained through market surveys and investigations conducted by the brand owners. Consequently, brand owners must remain vigilant in protecting their brands and work closely with the governmental agencies to strengthen efforts towards curbing counterfeits in Kenya.

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