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The Anti-Counterfeit Authority (ACA) has issued a statement following public debate over an alleged raid on businesswoman Shiquo Hii Style and her retail business.
In a statement on Thursday, June 11, the authority said it had taken note of videos, media reports, and discussions circulating on social media regarding the matter, while reiterating that it does not comment on ongoing investigations or cases that may be subject to legal processes.
"While the Authority does not comment on ongoing investigations or matters that may be subject to legal processes, ACA welcomes the opportunity to provide clarity on the nature of counterfeiting, the legal framework that governs our enforcement activities, the safeguards we employ to protect traders' rights, and the pathway available to entrepreneurs who wish to build and protect legitimate brands in Kenya," the statement read.
ACA said under the Anti-Counterfeit Act, counterfeit goods are products that unlawfully reproduce, copy, imitate, bear, or use a registered trademark, logo, packaging, label, design, or other protected intellectual property without authorization from the rights holder.
According to the authority, counterfeiters exploit the reputation and goodwill built by legitimate businesses, deceiving consumers about the quality and authenticity of products while creating unfair competition.
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ACA made it clear that its operations target unlawful trade rather than legitimate businesses.
"It is critical to emphasize that the Anti-Counterfeit Authority does not interfere with legitimate business operations.
"ACA's enforcement activities are directed exclusively at unlawful trade in counterfeit goods. Businesses that source products legitimately, maintain proper documentation, comply with intellectual property laws, and operate within the legal framework have nothing to fear from ACA," the statement added.
ACA further explained that protecting businesses operating legally remains a core part of its mandate.
"The Authority's role is to protect legitimate enterprises from unfair competition by counterfeiters, not to hinder genuine trade. The enforcement of intellectual property laws is fundamentally about supporting and protecting entrepreneurs and businesses that operate within Kenya's legal system," the statement noted.
The authority also outlined how investigations are initiated and conducted.
"All ACA enforcement actions are undertaken strictly within the framework of the law. Investigations may arise from complaints lodged by intellectual property rights holders, market surveillance activities, intelligence reports, consumer complaints, multi-agency operations, and information received from members of the public.”
"Where there are reasonable grounds to suspect that goods may be counterfeit, ACA inspectors are empowered by law to conduct inspections, investigations, search, detention, and seizure operations," the statement further read.
ACA said that when goods are detained or seized, inventories are prepared and documented, affected parties are informed, and traders are given an opportunity to present documents proving the authenticity and lawful acquisition of the products.
The authority added that rights holders may assist in technical verification and that affected parties retain the right to challenge enforcement actions in court.
Addressing concerns about seized merchandise, ACA stressed that investigations do not automatically amount to a finding of wrongdoing.
"Where investigations establish that goods are genuine and do not infringe intellectual property rights, the goods are released to the rightful owner. The Authority urges the public to distinguish between an ongoing investigation and a final determination by the courts," the statement added.
At the same time, ACA referenced Shiquo’s publicly expressed ambition to build her own brand, encouraging entrepreneurs to take advantage of Kenya’s intellectual property protection framework.
The authority noted that entrepreneurs who develop distinctive brand names, logos, or designs can protect them through trademark registration with the Kenya Industrial Property Institute (KIPI).
It added that registered trademark owners can further strengthen enforcement efforts by utilizing ACA’s intellectual property recordation system, which helps maintain a database of protected trademarks and supports investigations and market surveillance.
In conclusion, ACA called for cooperation from businesses and consumers in combating counterfeit trade.
"The fight against counterfeiting requires collective action and a shared commitment to fair competition. The Authority calls upon businesses to source products from legitimate suppliers, maintain proper records, and comply with intellectual property laws. Consumers are urged to purchase products from reputable outlets, verify authenticity where possible, and report suspected counterfeit goods," thr statement concluded.
