Enforcement

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.

To understand how trade dresses are being safeguarded in Europe, we need to answer the question, what is “trade dress”?

We can define trade dress as a set of characteristics – not only visual, but also sensorial – that allow a consumer to distinguish a particular product or service from the others that coexist in the market. These characteristics can include the way some products are displayed in a store, furniture patterns, ambient music, a smell and so on. Also, a particular packing or product shape can be understood as a trade dress.

On November 29, the Parliament of East Timor approved the country's first Code of Copyright and Related Rights, intended to protect the creation, production and commercialization of literary, scientific and artistic works and their respective authors.

This law, which will come into force 180 days after its publication, proves to be an essential regulatory basis for the recognition of national innovation and culture, rewarding its authors and thus stimulating the creation of new intellectual assets in the most diverse areas of expression.

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

In many countries, a patent can only be registered if it is new, has an inventive step, and is industrially applicable. In addition to meeting these substantial requirements, you also must meet other formal requirements, including legal deadlines.

It turns out that in many jurisdictions there are types of patents with substantial lighter requirements, namely utility models.

The amendments introduced through The Statute Law (Miscellaneous Amendments) Act Number 18 of 2018, which come into effect in January 2019, have provided significant changes in intellectual property rights (IPRs), as this Act involves amendments in several laws of the Industrial Property Act (2001), the Copyright Act (2001), the Protection of Traditional Knowledge and Cultural Expressions Act (2016) and The Anti-Counterfeit Act (2018) (“the ACA Act”).

When CultureTree's tweet and hashtag #Yorubaisnotforsale went viral, it ignited an online debate about whether registering a trademark name for an ethnic group is cultural appropriation.

The Yoruba people – who live mainly in Benin, Nigeria and Togo – represent around 35 million people in Africa, making them one of the largest ethnic groups on the continent. Most are from Nigeria, where they represent up to 15.5% of the country’s population.

The Democratic Republic of the Congo’s Industrial Property Law has been in force since 1982. Article 5 stipulates that there are three kinds of patent:

In an era where millions of content creators are uploading their works online, copyright infringement has become very easy, being as simple as uploading a TikTok video or making an Instagram Story.

The production of counterfeit goods is common in the trademark field as it is a business opportunity based on the consumer’s inability to identify second-generation goods.

Laws surrounding this activity include: