Importers of fake goods face 10 years in prison

Jun 28, 2009

IMPORTERS of counterfeit products will face up to 10 years in jail if the new Counterfeit Goods Bill becomes law, a top official announced over the weekend.

By David Muwanga

IMPORTERS of counterfeit products will face up to 10 years in jail if the new Counterfeit Goods Bill becomes law, a top official announced over the weekend.

A counterfeit is an imitation of other goods with intent to deceive and gain unfair commercial advantage.

Production of counterfeits is an infringement on intellectual property rights.
“The law on counterfeit products will impose very strong punishments. If an importer is found with such products, they (goods) will be seized and destroyed at the importer’s expense followed by court procedures,” said the Raymond Baguma, the commissioner for internal trade at the trade ministry.

“The fines will include a jail term of five years for first offenders and if you are found importing the same products, then you will be jailed for 10 years and a fine is multiplied by 10 times,” the commissioner warned during the Private Sector Foundation Uganda trade facilitation expo in Kampala last week.

He disclosed that the stringent measures were aimed at protecting genuine businesspeople.

“It is estimated that globally, counterfeits are worth $650m. Narcotics are estimated at between $200m and $400m.

“In Ghana, counterfeit products are estimated at $70m,” Baguma said.

“The law will prohibit trade on counterfeit goods that infringe upon protected intellectual property rights, prohibit release of such goods into the channels of commerce and empower regulatory authorities to seize and detain suspected goods.”

Gyavira Musoke, the head of import inspection at the Uganda National Bureau of Standards (UNBS), indicated that importers of fake goods were known to them but was short of giving their names.

“It is not time to point accusing fingers but what we need is to find solutions and one of the proposed policies is for the bureau to start inspecting these products from their countries of origin before they are shipped into Uganda,” he said.

“What we want to prevent is the losing of money by Ugandans because when these goods arrive here and they are found to be substandard, we shall destroy them and the money lost belongs to Ugandans.”

A legal gap in the UNBS Act, enacted 26 years ago, has been blamed for the increased entry of volumes of counterfeits products into the local market.

The UNBS Act , enacted 26 years ago, is totally out of tune with the developments and dynamics of the global trade industry and has in effect paved way for an influx of counterfeits into the country.

Because of this archaic law, UNBS is powerless on cracking down on counterfeit products unless such goods are proved shoddy or substandard.

(adsbygoogle = window.adsbygoogle || []).push({});