The Anti-Counterfeit Authority (ACA) has issued a detailed statement defending its enforcement of intellectual property laws following widespread public discussion surrounding an alleged counterfeit goods operation involving entrepreneur and retailer Shiquo Hii Style.
In a statement, the authority said it had taken note of videos, media reports, and social media conversations related to the matter but declined to comment on any ongoing investigations that may be subject to legal proceedings.
Instead, ACA said it was providing clarity on the nature of counterfeiting, the legal framework governing its operations, and the protections available to entrepreneurs seeking to establish and safeguard legitimate brands in Kenya.
“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 said.
According to ACA, counterfeit goods are products that unlawfully reproduce, imitate, or use registered trademarks, logos, packaging, labels, designs, or other protected intellectual property without authorization from the rights holder.
The authority warned that such practices mislead consumers and undermine legitimate businesses that have invested heavily in brand development and market growth.
“By falsely representing products as genuine, counterfeit goods deceive consumers about quality and authenticity, unfairly compete with legitimate businesses, and undermine consumer confidence in the marketplace,” ACA stated.
The agency further emphasized that its mandate is not to interfere with lawful business activities but to combat the illegal trade in counterfeit products.
“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,” the statement said.
The authority explained that investigations may be triggered by complaints from intellectual property rights holders, market surveillance activities, intelligence reports, consumer complaints, multi-agency operations, or information from members of the public.
Where reasonable grounds exist to suspect goods may be counterfeit, ACA inspectors are legally empowered to conduct inspections, investigations, searches, detentions, and seizure operations.
The statement also outlined safeguards available to affected traders. ACA said inventories are documented when goods are detained, affected parties are informed, and traders are given an opportunity to present evidence supporting the authenticity and lawful acquisition of the products in question.
“Critically, the affected party has the right to challenge any action before a court of competent jurisdiction,” the authority noted.
The agency urged the public to distinguish between ongoing investigations and final determinations made by the courts.
Addressing entrepreneurs directly, ACA acknowledged Shiquo Hii Style’s publicly stated ambition to build a distinctive brand and encouraged business owners to utilize Kenya’s intellectual property protection mechanisms.
“The Anti-Counterfeit Authority welcomes this entrepreneurial vision and encourages her, and all traders and entrepreneurs, to pursue it within Kenya’s intellectual property protection framework,” the statement said.
ACA highlighted trademark registration through the Kenya Industrial Property Institute (KIPI) as a key avenue for securing exclusive ownership rights and legal protection against unauthorized use.
The authority also encouraged rights holders to utilize its Intellectual Property Recordation System, which enables trademark owners to record their marks with ACA and strengthen enforcement efforts against counterfeit trade.
ACA further called for collective action in the fight against counterfeiting, urging businesses to source products from legitimate suppliers and maintain proper records, while encouraging consumers to verify product authenticity and report suspected counterfeit goods.
“The Anti-Counterfeit Authority remains committed to enforcing the law fairly, professionally, transparently, and without prejudice,” the agency said.