Public consultations are under way on a private member’s Bill aiming to have convicted counterfeit dealers jailed for 10 years.

The specific provision is contained in Clause 12(1)(o) of the Bill titled 'The Anti-Counterfeiting Goods Bill, 2023'.

Bugiri Municipality MP Asuman Basalirwa speaks as Fred Muwema, the chairman of Anti-Counterfeit Network Africa (ACN) looks on.

Alternatively, those found guilty will be fined five times the value of the prevailing retail price of a genuine product.

Bugiri Municipality MP Asuman Basalirwa, the mover of this Bill, disclosed this while addressing reporters at Parliament on Thursday, during the launch of public consultations.

The Bill’s seconder, Soroti West MP Jonathan Ebwalu, and his Maracha county counterpart, Dennis Oguzu Lee, were present for the launch.

Bugiri Municipality MP Asuman Basalirwa

Also in attendance was Fred Muwema, the chairman of Anti-Counterfeit Network Africa (ACN), was present.

ACN was established in 2016 in response to the unabated rise in illicit trade in the face of challenges that government enforcement and regulatory agencies encounter in the fight against counterfeits and the lack of coordinated efforts among multiple stakeholders.

Basalirwa said the bill is imperative owing to a lack of a comprehensive legal framework, which is seeing citizens consuming harmful products, some of which have adverse effects on their health.

Soroti West MP Jonathan Ebwalu

“For example, we complain about road accidents. Do people really know that road accidents are partly a result of counterfeit goods? Are they aware of the tyres that they are using on their cars. Are people aware that some of the engine oil, even the fuel we are consuming, is all counterfeit?” he said.

“What partly explains the surge in cancer cases is as a result of counterfeits. For example, the wheat you take. I want you to take a very keen interest and we have a very big challenge. You will find wheat coming from the Western world, it is taken to a country like Cyprus, it is repackaged and exported here. The other side it is expired, here it is being packaged and presented as new wheat, olive oil."

Left to right: Fred Muwema, the chairman of Anti-Counterfeit Network Africa (ACN), Bugiri Municipality MP Asuman Basalirwa addressing reporters at Parliament.

To stem the sale of expired goods, the legislator pointed out that the bill also seeks to make it criminal for shopping outlets to display goods that are way past their shelf life.

Testimony

Chipping in, fellow MP Ebwalu narrated his encounter with counterfeit products.

“On January 18, 2024, my driver bought car brakes, they fixed the brakes. As I talk now, my car has broken down, it is again at Wamuco [Motors] but at that time, he bought it from a different place in Kisekka. I told him to go and buy or fix the car at either Toyota or Wamuco but he went and bought from a different place.

Bugiri Municipality MP Asuman Basalirwa said the bill is imperative owing to a lack of a comprehensive legal framework.

“After only one month, the brakes broke down, you can imagine the kind of danger that I was subjected to."

'Concealed dangers'

According to the Global Organized Crime Index report of 2023, counterfeit drugs, particularly fake anti-malarial medicine, are rampant, with over a third of drugs sold being fake.

This is accentuated by the lack of intellectual property rights legislation.

Left to right: Fred Muwema, the chairman of Anti-Counterfeit Network Africa (ACN), Bugiri Municipality MP Asuman Basalirwa,

“Uganda has also experienced illicit trading in excise goods, particularly cigarettes. Illicit cigarette trading accounted for almost one-quarter of the Ugandan cigarette market. More than a half of illicit cigarettes are produced locally, while the rest are smuggled from neighbouring countries,” the report states.

“As we speak, I think the counterfeits in the market account for 70-80 percent of the products that we have on the market," Muwema weighed in.

However, to him, engaging in this vice is self-defeating since the counterfeiters are also end users at some point.

Bugiri Municipality MP Asuman Basalirwa

“Because you make money from selling fake cosmetics which will injure somebody but after you have got the money, your child is sick, you want to buy a syrup. Will you take a fake syrup? No. will you take fake eggs? The reason why people are counterfeiting is because they don’t appreciate the concealed dangers."

From here, the MPs plan to hold public consultations across various regions of Uganda beginning next month.

Left to right: Fred Muwema, the chairman of Anti-Counterfeit Network Africa (ACN), Bugiri Municipality MP Asuman Basalirwa, Soroti West MP Jonathan Ebwalu.

The Anti-Counterfeiting Goods Bill, 2023 was first introduced in 2015 but was rescinded on Cabinet’s request. At the time, the Executive argued that there were adequate laws to deal with this problem.

Cabinet withdrew it on grounds that there were other laws such as the Copyright and Neighboring Rights Act (2006), the Trade Secrets Protection Act (2009), the Trademarks Act (2010) to address the problem.

However, eventually, Basalirwa was granted leave to table the Bill in July 2023.