A Study on the efficacy of anti-counterfeit laws in curbing online counterfeiting in Kenya: is this the panacea?
Date
2024
Authors
Munene, E. C.
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Journal ISSN
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Publisher
Strathmore University
Abstract
The growth of the internet and e-commerce since the turn of the millennium has led to widespread benefits to economies world-wide. However, this growth has also coincided with the emergence of new crime types such as online counterfeiting. This study therefore takes a deep dive into the efficacy of anti-counterfeiting laws in Kenya and suggesting possible solutions to curb this illicit trade. The study shall primarily focus on online counterfeiting and the laws addressing this specific crime in Kenya. The research methodology involves an in-depth analysis of various sources, including the World Health Organization’s estimates on counterfeit medicines, the International Peace Institute’s estimates on counterfeit trading in Kenya, and a study conducted by the Anti-Counterfeit Authority on online counterfeiting levels in Kenya. Major findings reveal that online counterfeit goods account for a significant portion of all goods sold online which has led to Kenya losing significant tax revenue, compromised consumer safety and the exploitation of intellectual property rights. The study concludes that the growth of e-commerce has exacerbated the counterfeiting problem, with counterfeiters exploiting social media platforms and online markets. Law enforcement faces significant challenges, including anonymity issues, jurisdictional challenges, inadequate training, and low reporting of these cybercrimes. To curb this problem, I recommend the revamp of existing laws to include provisions to cater to online counterfeiting which is currently absent in the Anti-Counterfeiting Act. Moreover, my study proposes the use of Blockchain technology and the adoption of new strategies such as Situational Crime Prevention by the Anti-Counterfeit Authority to effectively curb this problem.
Description
Full - text undergraduate research project
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Citation
Munene, E. C. (2024). A Study on the efficacy of anti-counterfeit laws in curbing online counterfeiting in Kenya: Is this the panacea? [Strathmore University]. http://hdl.handle.net/11071/15786