Let EAC join fight against counterfeit goods

Nov 02, 2010

FOR about three years, a voluntary organisation, the Anti-counterfeiting Trade Agreement (ACTA), has held series of negotiations culminating in a recently concluded meeting in Japan.

By Peter Yehangane

FOR about three years, a voluntary organisation, the Anti-counterfeiting Trade Agreement (ACTA), has held series of negotiations culminating in a recently concluded meeting in Japan.

The participants finalised a document to constitute an agreement on endorsement by member states.

These include, Australia, Japan, South Korea, Singapore, Canada, New Zealand, Switzerland, the US, the EU (representing its 27 member states), Mexico and Morocco.

Notably absent were India and China, where it is believed a big number of counterfeit and pirated goods are manufactured.

ACTA is aimed at establishing a comprehensive framework that will combat the infringement of international property rights (specifically the proliferation of counterfeiting and piracy that undermines legitimate trade and the sustainable development of the world economy). It contains provisions on the enforcement of intellectual property rights in civil, criminal and border enforcement measures.

ACTA will mandate customs officials to seize counterfeit goods without a request from the rights holder or a court order.

It is evident that we are faced with an alarming volume of counterfeits and pirated goods in the East African market.

Counterfeiters find the African market a safe haven due to it’s weak laws and regulations. The size of Africa’s informal economy and rising trade has made it easy prey counterfeiters. Member states of the EAC have made progress in establishing laws aimed at combating trade in counterfeit and pirated goods.

Kenya’s anti-counterfeiting act of 2008, Tanzania’s subsidiary legislation merchandise marks act of 2008, Uganda Counterfeit Goods Bill are in place.

Rwanda’s and Burundi’s consolidated industrial property codes are coming into effect.

From March 25-26, participants from Burundi, Cameroon, Kenya, Rwanda, South Africa, Tanzania and Uganda convened at Snow Crest Hotel in Arusha, Tanzania for a meeting on the proliferation of anti-counterfeiting legislation in the East Africa Community.

The protagonists of the EAC draft law want it as a regional statute in the place of individual national laws. The EAC secretariat effort in this regard is highly applauded.

I urge the EAC to consider joining the ACTA and to share knowledge and technical resources in fighting counterfeits and pirated goods.

ACTA will not change member states’ national laws on counterfeits, trademarks and patents, but seeks a common ground among member states to enforce rules on anti-proliferation of counterfeits.

In fighting counterfeit and pirated goods, I support the use of generic medicines that meet the standards. Generics have saved lives, especially in fighting malaria and HIV and AIDS. It is on record that some branded and generic medicines are counterfeit. The prevalence of counterfeits on the market impacts on health and safety, environment and tax revenue.


The writer is a private consultant



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