ADVOKS GLOBAL · KENYA
Anti-Counterfeit Act
16. Liability for damage or loss on application of Act
Edition: 2022-12-31 · In force
16. Liability for damage or loss on application of Act
(1)Any person who suffers damage or loss caused by wrongful seizure, removal or detention of goods alleged to be counterfeit goods pursuant to a complaint laid with the Executive Director in accordance with the provisions of this Act, shall be entitled to claim compensation for the damage or loss suffered by him against the complainant:Provided that compensation shall only be paid where the complaint was false, negligent or laid in bad faith.(2)The Authority, inspector or person in charge of the relevant counterfeit goods depot shall be liable in respect of a claim mentioned in subsection (1) only if—(a)in the seizure or removal of the alleged counterfeit goods, the inspector, or, in the detention and storage of those goods, the person so in charge, depending on the circumstances, has been grossly negligent; or(b)the inspector or the person so in charge, as the case may be, in the seizure, removal, detention or storage of those goods, acted in bad faith.(3)Reference in subsection (2) (a) and (b) to an inspector or to a person in charge of a counterfeit goods depot shall be construed to include any person acting on the instruction or under the supervision of the inspector or the person so in charge, as the case may be.(3A)Notwithstanding the provisions of any other written law for the time being in force, no claim under this Act shall be brought against the Authority for any alleged damage to or loss of any goods after the expiry of a period of twelve months from the date of the seizure, removal or detention of the goods, as the case may be.(3B)The provisions of Part IV of the Government Proceedings Act shall apply mutatis mutandis to the Agency in relation to any execution of any judgment, decree or order against the Authority issued by any Court or tribunal or any other competent authority.(4)There shall be established an Intellectual Property Enforcement and Co-ordination Advisory Committee whose membership shall consist of—(a)the Principal Secretary in the Ministry for the time being responsible for matters relating to trade or a representative who shall be the chairperson; and(b)fourteen other members drawn from various agencies involved in the protection and enforcement of intellectual property rights.