The Efficacy of Anti Counterfeit Laws in the Digital Age in Kenya

Abstract

The internet is of utmost importance for companies and organisations to boost their online presence worldwide. The Internet represents a way to reach customers via online marketplaces and social media in a cost-effective manner. However, this medium is increasingly being a threat for intellectual property rights which have to fight against the phenomenon of online trade of counterfeit goods. Counterfeiters have also seen the online environment as the easiest way to sell unlawful replicas of products without having to expose their identities. The general objective of the study is to critically examine the effectiveness of the Anti-counterfeit laws in the digital age in Kenya and to suggest recommendations intended to strengthen the relevant enforcement agencies. Specifically, the research sought to identify the following: the gaps in the existing anti-counterfeiting legal and institutional frame work in Kenya in the digital age, and the practical solutions to counterfeiting in Kenya in the digital age. The data and information pertaining to this study was obtained through a mixed research approach; relevant literature from books, academic papers, journals, newspapers, the internet, and a comparative study with the USA. The findings of this study reveal that although there is a framework dealing with counterfeiting, there is a need to further strengthen the framework to ensure the protection and enforcement against counterfeiting in the digital environment.