Intellectual Property LawCombating Counterfeit Trade in Kenya

Product counterfeiting and trade in counterfeit products, labels and packaging involve imitation of genuine products that are marketed under brand names. Counterfeit products that are becoming a major problem to consumers, innovators and traders in Kenya and globally. Such imitations are usually clones or falsified products, labels and packaging designed to look like those of genuine products. The aim is to confuse or deceive consumers as to their quality, source, origin or legitimacy. Counterfeits are manufactured, processed or supplied by

Often consumers have no idea that the product is a counterfeit. On many occasions they discover this after paying for it. Some innovators, traders and consumer protectors therefore warn consumers to be careful when the deal is too good to be true or if the label does not read like the real thing.

The problem is that many consumers do not know what the real thing looks like. For instance, a bag with Gucci logo “G” may bear the name Pucci; or apparel may read “GAT” instead of “CAT,” the Caterpillar label. The similarity between the fake and the genuine article is often striking and unless consumers know what the real label looks like, they can easily be taken in.

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