Anti-Counterfeiting

Inventa is pleased to announce the opening of its office in the Democratic Republic of Congo (DR Congo). This expansion marks a significant milestone in Inventa’s growth strategy and commitment to providing high-level Intellectual Property (IP) services across Africa.

The new office, strategically located in Gombe, Kinshasa, will enable Inventa to deliver high-quality IP services, focusing on protecting IP assets in the country and collaborating with local authorities to combat counterfeit products and enforce intellectual property rights.

In Kenya, the film industry plays a key role in the social and economic development of the country as it offers a venue for idea sharing and conversation, which fosters public engagement. Further, it is important for the creation of employment and the generation of wealth, especially among the youth.

The Inventa IP Review magazine highlights some of the IP news of the previous year, written by our team, through opinion articles, interviews or press releases. We cover relevant topics that have marked the field of innovation, trademarks, patents or intellectual property rights.

Second and last day of the 2023 Europol Intellectual Property (IP) Crime Conference, held at the Ramada by Wyndham Hotel in Lisbon. This conference is a collaborative effort between the European Union Intellectual Property Office (EUIPO), the Portuguese Economic and Food Safety Authority (ASAE), and the Portuguese Public Security Police (PSP) and focus on combating counterfeit goods, which present significant risks to health, safety, and the environment, alongside with the role of advanced technology in the fight against intellectual property (IP) crime.

The Inventa IP Review magazine highlights some of the IP news of the previous year, written by our team, through opinion articles, interviews or press releases. We cover relevant topics that have marked the field of innovation, trademarks, patents or intellectual property rights, mainly in Europe, Africa and Asia.

The 2022 edition shares useful information on the protection of trademarks in different jurisdictions, the entry into the Unitary Patent system and also the impact that may arise from the Russian-Ukrainian conflict in the IP field.

In simple terms, a counterfeit is a product that imitates the genuine one and constitutes an infringement of IP rights. This vice is a global concern that denies IP owners their deserved benefits, the result of their resilience, innovation, and financial effort.

Due to its geographical position, bordering Somalia, Uganda, and Tanzania, and its proximity to the Asian sea, Kenya may be deemed as an appealing key distribution point for counterfeit products.

With the technological advance of the internet, increased access to content and information is proportional to the heightened access to content that infringes IP rights.

If it is possible to access entertainment content on a paid streaming service, it is also possible to find on the internet the same movie, music or game on platforms that provide this access sometimes for free and without the proper authorisation. The same occurs with counterfeit clothing and footwear, available for reduced prices. 

EUIPO’s 2022 IP Youth Scoreboard

Kenya has taken recent measures regarding anti-counterfeiting to be implemented by the Anti-Counterfeiting Authority (ACA). The ACA’s Public Notice (No.1/2022), issued on 26 April 2022, established that all IP rights for goods imported into Kenya must be recorded with the ACA starting July 1, 2022. This applies to all imported goods freed of where the IP right is registered. The second Public Notice (No.2/2022) states the deadline extension to submit a mandatory record to 1 January 2023. Not complying with the legislation can lead to legal consequences.

According to the World Health Organization, Africa accounts around 42% of the world’s counterfeit drugs. As we see counterfeiting and other illicit trade an ongoing problem in the continent, what challenges exist and what has been done to tackle this problem?

Promoted by Wolter Kluwer, Martin Luten, from  Arnold & Siedsma, interviewed Vera Albino, who explained some of the mechanisms used to enforce IP rights in Africa, efforts made by governments to put legal frameworks in place, as well as precautionary measures that a brand owner can take.

In March 1977 the Bangui Agreement (hereinafter, also referred to as “Agreement”) created OAPI, the Organisation Africaine de la Propriété Intellectuelle (African Organization of Intellectual Property). OAPI is an organization mainly composed of francophone jurisdictions, namely: Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, the Comoro Islands, Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal, and Togo.