Anti counterfeit act pdf study

Dealing in counterfeit goods is an offence it is necessary to prove that the perpetrator. Counterfeit medicines were not viewed previously as a threat. The parliament of kenya enacted the anticounterfeit act no. Signature of holder i certify that the person whose particulars are herein indicated has been appointed an inspector under section 22 of the anti counterfeit act. This study is the second of three that will report on the results of a longterm investigation into the use and counterfeiting of u. Purpose trade in counterfeit goods is perceived as a substantial threat to various industries. The counterfeit drugs that have been found in the region include antibiotics, antimalarial agents, anti tubercular drugs, antiretroviral agents, vitamins, painkillers, hormones and steroids. India, probably after china, ranks second in manufacturing, marketing and use of counterfeit products. Whitepapers about brand protection, supply chain security, compliance and regulations, diversion, counterfeiting and more.

This is the best analysis ever about the proposed anti counterfeit act amendments. The agency was established to prohibit trade in counterfeit goods. During development of the systems engineering plan sep and program protection plan ppp, the pm, systems engineer and product support manager should consider these relationships and develop plans to address the threat. Counterfeiting and piracy is a global problem of enormous scale, impacting virtually every industry sector around the world. This is reported at a time when kenya has an elaborate legal regime and a wellestablished. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Find, read and cite all the research you need on researchgate.

The dod supply chain is vulnerable to the risk of counterfeit parts, which have the potential to delay missions and ultimately endanger service members. Acappp researchers are undertaking a multistep project to study chinese counterfeiting. Hayward, janice meraglia, mitchell miller applied dna sciences, inc. The anticounterfeit act, 2008 the anticounterfeit agency laying a complaint the executive director, the anticounterfeit agency. Under the trademark counterfeiting act, any corporation or individual who is found guilty of intentionally trafficking counterfeit goods risks a maximum penalty of one million. The treasury and the federal reserve are conducting the investigation pursuant to section 807 of pl 1042, the antiterrorism and effective death penalty act of 1996. This act may be cited as the anticounterfeiting consumer protection act of 1996. However, the relevant act of counterfeiting must also have infringed the intellectual property right in question. India is no exception, suffering significant economic and health and safety consequences as a result of widespread counterfeiting, piracy and smuggling in the country. Anti counterfeit packaging technology is largely prevalent in developed economies as they face rampant problems from counterfeit products especially in. The new federal anticounterfeiting mandate for electronics. Existing anticounterfeiting systems today, counterfeiting is a global phenomenon and in varying degrees, it happens in all countries. From january 2009 to october 2011, the cambodian ministry of health, in collaboration with the who. A robust anti counterfeiting strategy is crucial for all brands as the trade in fakes continues to grow.

There are many approaches brand owners can take to prevent and respond to product counterfeits. Governments are taking action against counterfeit drugs u. To effectively identify and mitigate this risk, dod began requiring its agencies in 20 and its contractors in 2014, to report data on suspect counterfeit parts. View notes anticounterfeit from law g34 at university of nairobi. An act to control and prevent commercial counterfeiting, and for other purposes. Counterfeiting act makes violating the lanham act s anti counterfeiting provisions a federal criminal offence. Anti counterfeit act should not apply to patents, in line with the minimum standards of the trips agreement and recent changes under ugandas 2015 version of the counterfeit goods bill. Such data will inform policies on anticounterfeiting measures and form a benchmark upon which impact can be assessed. Phase 1 was exploratory, with the primary purpose of understanding how culture influences consumer attitudes towards counterfeit goods in areas such as values, beliefs, customs, religion and national identity bartels, 1967. Anticounterfeit protection code is a coded anticounterfeit label affixed on original productbrand to deters such productbrand from counterfeiting or distinguish it from its counterfeits versions worldwide. Anti counterfeit strategy for brand owners rod kinghorn. Oct 01, 2011 the anti counterfeiting trade agreement acta is a groundbreaking initiative by key trading partners to strengthen the international legal framework for effectively combating global proliferation of commercialscale counterfeiting and piracy. In may of 2014, the defense department issued a final rule, known as the anti counterfeit rule. Sakura so eddie, what do you think is the best way to combat the spread of counterfeit goods within japan.

This act of parliament was enacted to prohibit trade in counterfeit goods. Part of a recent surge in such legislation, the prioritizing resources and organization for intellectual property act, known as the pro ip act h. What does the anti counterfeiting trade agreement apply to. Her counterfeit industry is worth 70 billion kenyan shillings kes a year. Product counterfeiting legislation in the united states. Director, center for anticounterfeiting and product protection.

Formed in 2015, and incorporated as a nonprofit 501c6 corporation in 2016, the automotive anticounterfeiting council, inc. Stop counterfeit textbooks anticounterfeit best practices 2 7. The anticounterfeit label enables buyers to authenticate originality of product worldwide via a worldwide authentication app. Kenya is facing an alarming increase in trade in counterfeit products. Governments at the national and international level must strengthen anticounterfeiting laws and enforcement, and cooperate more effectively to eliminate linkages between counterfeiting and organized crime and serious threats posed by counterfeiting to the health and safety of consumers, economies and national security. A summary of the changes to the act are as follows. Pdf anticounterfeit technologies for spurious drugs in india. Interpretation in this act, unless the context otherwise requires. The european commission confirmed on 20 december 2012 that it was withdrawing anticounterfeiting trade agreement acta referral to the court of justice of the european union eu. Major anticounterfeiting legislation passed in the u. According to the ipr study, the number of new business applications, both legal. Anticounterfeiting international trademark association. Organizations and regulatory bodies came together in the spirit of the act to consolidate efforts and promote interagency corporations to fight this thriving trade, through the formation of the anti counterfeit agency aca.

On december 31, 2011 the president signed into law a mandate for the electronics industry which will affect the business and personal lives of all of us. No longer is the emergence of imitation products confined to branded luxury goods and final markets. Pdf efficacy of anticounterfeit laws in kenya shalma. The definition of counterfeiting in section 2 of the act should. The head of this division would be responsible for coordinating all justice department efforts related to counterfeiting and piracy and lead the justice departments international anti counterfeiting efforts. Up to this point, penalties for counterfeiting were minimal and did not deter counterfeiters from trafficking goods into the united states. Institutional and definition changes the anticounterfeit agency has now been transformed to the anticounterfeit authority by change of name. The act establishes anticounterfeit agency aca with the mandate to administer anticounterfeiting policy and law in kenya.

The purpose of an anti counterfeit feature is primarily to enable the authentication of an item. Top trends in anti counterfeit technology counterfeiting is a massive industry that harms the economy, individual businesses, and consumers. The anticounterfeit act, 2008 the anticounterfeit agency. The anti counterfeit act, 2008 the ceanti counterfeit agency certificate of authority 1. To protect your companys products from being counterfeited, first you need to study what kind of rights you have, and what measures are available to protect those rights. Anticounterfeit solutions anticounterfeit solutions. The international anti counterfeit code 2008 website identifies several harmful effects of the counterfeit industry. Tran minh dung, chief inspector, inspection department under the ministry of science and technology. Counterfeiting, piracy and smuggling in india effects. There are changes that may be brought into force at a future date. An overview of federal anticounterfeiting laws 527.

Global anticounterfeit packaging market size industry. The anticounterfeit act anticounterfeit authority aca. The main objective of the study was to document the current status of counterfeiting and counterfeit not to be confused with substandard goods in tanzania, through the voices of consumers, manufacturers, key informants and multinational trade mark owners and how this illicit trade affects the country and its citizens. Special issue 521 ministry of industrialization and.

The new federal anti counterfeiting mandate for military electronics. Anticounterfeiting packaging market global industry. Addressing the barriers to effective monitoring, reporting. Customs act and the provider liability limitation act. Geographical and competitive dynamics north america is the largest market for anti counterfeiting packaging followed by europe, asia pacific and row. An act of parliament to prohibit trade in counterfeit goods, to establish the anticounterfeit agency, and for connected purposes ln 1152009, act no. The amendments were incorporated in the statute law miscellaneous amendments act of 2018.

Fraud is an act of deceiving or misrepresenting by presenting an intentional perversion of the truth intended to induce a person to part with something of value, usually money. Lastly, individual cams are categorized into product, communication, distribution, and pricerelated ones. Pdf counterfeiting and product piracy constitute a serious and ever. Anticounterfeiting measures in japan sakura in the second part, well look at measures available in japan to respond to damage from counterfeit goods. What is the automotive anticounterfeiting council a2c2.

A case study of the nigerian combating counterfeiting and substandard medicines initiatives spink j1. The full scale of the challenge in africa is not fully. Anticounterfeit act should not apply to patents, in line with the minimum standards. Traceability across the value chain european commission. The anti counterfeit regulations 2010 the regulations were published subsequent to the anti counterfeit act of 2008 the act under legal notice no. United nations interregional crime and justice research institute. Counterfeit products are becoming a major problem to manufacturers, consumers, innovators and traders in kenya and the global market. It enforces the provisions of the anti counterfeit act, 2008. Anti counterfeiting measures in japan civil action narrator in civil procedures, if both parties intend to negotiate, the right holder first sends a warning letter. Counterfeit medicines put peoples lives at risk, finance criminal groups and cause profound public health challenges.

The health effects of counterfeit cigarettes study. Provides direction for anti counterfeit measures for dod weapon and information systems. Grey marketing, also known as parallel imports, refers to the importation, without authorisation from hp as the brand owner, of hp branded products into the european economic area eea1 and switzerland ch. Amazon shares critical sales information with iacc members to enhance enforcement efforts. This research draws from the concept of intellectual property, counterfeiting and enforcement.

Forgery and counterfeiting act 1981 is up to date with all changes known to be in force on or before 14 april 2020. Inhalation of large amounts of tar in the smoke, will substantially increase various forms of cancer and the possibility of cardiopulmonary and cerebralvascular disease. Rethinking counterfeiting in light of the relationship. Pdf counterfeiting study case in china researchgate. The second function may be to act as a deterrent to anyone considering counterfeiting a product based on the difficulty or cost involved set against the likelihood of detection, and therefore prosecution. It was born out of the need to enhance the agencys enforcement mandate and considering other enforcement dynamics in the last 8 years since the agency internationalized. Td shall have qualified and trained personnel inspect incoming inventory including buybacks, returns and rental returns to determine, as best as they can, if the inventory is counterfeit. Efficacy of anti counterfeit laws in kenya bracxides shaluma ongola g62700412011 a thesis submitted to university of nairobi law school in partial fulfillment of the degree of master of laws llm. Third, the bill establishes a new intellectual property enforcement division in the department of justice. The report discusses the means of protection against counterfeiting and presents.

In addition to providing advice on anticounterfeiting measures, the office also acts as an information clearing house. Anti counterfeit 2008 with the executive director in accordance with the provisions of this act, shall be entitled to claim compensation forthedamage orlosssuffered byhim againstthecomplainant. As such, control strategies have been evolved both at international and national levels. Most smart packagingrelated anti counterfeit technologies are standalone systems and this presents a vulnerability. Under the direction of the advanced counterfeit deterrence acd steering committee, staff from the u.

The study was carried out by the anticounterfeit agency in the year 2016 with the aim of providing data on the counterfeiting trends in urban kenya. While fraud can occur without the presence of counterfeit products, counterfeiting itself is a form of fraud. Not only does counterfeiting result in lost jobs and damaged reputations, it can potentially injure or even kill consumers that use counterfeited products such as pharmaceuticals. Representative steve israel introduced legislation into the house of representatives that increase the penalties for the sale or trade of counterfeit pharmaceuticals. Dod needs to improve reporting and oversight to reduce supply chain risk why gao did this study the dod supply chain is vulnerable to the risk of counterfeit parts, which have the potential to delay missions and ultimately endanger service members. This article is a case study with impact assessment that provides the foundation for application of a criminology theoretical perspective. Not only does the counterfeit industries affect the economy but. Unicri would also like to thank all of the experts, law enforcement officers, and. Washington, dc april 2, 2020 the international anticounterfeiting coalition iacc and amazon have expanded their iaccamazon program by offering participants insight into the counterfeit sales volumes of known infringers.

An integrated anti counterfeiting measures strategy, employed by business, the supply chain and the government is required to reduce the risk of the sale of counterfeit food and beverage products. Narrator if the right holder plans to take the case to court, they can institute a civil action to request an. This ended actas process at eu level and confirms rejection of the treaty by the eu. May 29, 2011 the act establishes anti counterfeit agency aca with the mandate to administer anti counterfeiting policy and law in kenya. Combating trafficking in counterfeit and pirated goods homeland. Narrator according to the jpo counterfeit damage survey report for japans fiscal 20, over 20% of japanese companies reported damage from counterfeit goods in recent years. Anticounterfeiting trade agreement acta united states. Surveys on counterfeiting were already conducted at national level in some of the african countries of the survey. For the empirical study, openended interviews with six finnish design companies were conducted. The kenya anti counterfeit agency aca is a state corporation established under section 3 of the anti counterfeit act, 2008, laws of kenya.

In the event td determines or is informed that it has sold, rented or otherwise distributed a counterfeit book, it shall promptly notify the respective publisher and immediately take steps in an effort to mitigate the harm. The data was analysed based on the theoretical framework. What is the purpose of the stop counterfeiting in manufactured goods act. Our anti counterfeiting team works with a network of investigating firms and customs officials across africa. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1. View notes anti counterfeit from law g34 at university of nairobi. Although other state and federal laws address counterfeiting, nearly all us enforcement stems from these two statutes. Please do not confuse counterfeit, grey market, and legitimate refilled or remanufactured products. Organizations and regulatory bodies came together in the spirit of the act to consolidate efforts and promote interagency corporations to fight this thriving trade. The study focused on canadian and chinese consumers. Measuring the magnitude of global counterfeiting u. Anticounterfeit laws of kenya anticounterfeit act no. Trips flexibilities and anticounterfeit legislation in. The anticounterfeit act was assented to on december 24th 2008 by president mwai kibaki.

Brand protection 2020 acapp michigan state university. Short title this act may be cited as the anticounterfeit act, 2008. The global anticounterfeiting packaging market size was estimated at usd 80. The total value of the seized goods was tzs 2,898,904,833. Anitcounterfeiting services africa spoor and fisher. We assist clients by identifying perpetrators through to enforcing anti counterfeiting rights and handling the prosecution of counterfeiting matters against importers. Stop counterfeit textbooks anti counterfeit best practices 3 10. Changes that have been made appear in the content and are referenced with annotations. A total of 1,711 offenders were dealt with as per the provisions of merchandise marks act, 1963. The counterfeit drug enforcement act of 2014xvi increases the penalty from a maximum of ten years to life in prison. This survey on electrical counterfeiting in africa is the first to be realized at such a scale. The authors thank legal externs at the center for anti counterfeiting and product protection, without whom this research could not be possible. Top trends in anticounterfeit technology counterfeiting is a massive industry that harms the economy, individual businesses, and consumers. The use and counterfeiting of federal reserve system.