ADVOKS GLOBAL · KENYA
Anti-Counterfeit Act
25. Duty of inspector upon seizure of goods
Edition: 2022-12-31 · In force
25. Duty of inspector upon seizure of goods
(1)An inspector who has seized any suspected counterfeit goods in accordance with section 23 shall—(a)forthwith seal, clearly identify and categorize the goods and prepare, in quadruplicate, an inventory of such goods in the prescribed form and cause the person from whom the goods are seized to check the inventory for correctness, and, if correct, cause that person to make a certificate under his signature on each copy of the inventory and if the seized goods are removed under paragraph (c), the inspector shall endorse that fact under his signature on every copy of the inventory, in which case the inventory shall also serve as a receipt;(b)furnish one copy of the inventory to the person from whom the goods are seized and another to the complainant, if any, within five working days after the seizure;(c)as soon as possible, remove the goods, if transportable, to a counterfeit goods depot for safe storage, or, if not capable of being removed or transported, declare the goods to have been seized in situ, and seal off or seal and lock up the goods or place them under guard at the place where they were found, and thereupon that place shall be deemed to be a counterfeit goods depot; and(d)by written notice, inform the following persons of the action taken by the inspector under section 23(1) and of the address of the counterfeit goods depot where the seized goods are kept—(i)the person from whom those goods are seized; and(ii)either the complainant, where the inspector exercised his powers pursuant to a complaint laid in accordance with section 33(1); or(iii)the person who, in relation to those goods, qualifies under section 33(1) to be a complainant, but who had not yet so laid a complaint at the time when the inspector exercised those powers on his own initiative in accordance with section 33(4).(2)An inspector may require a complainant to disclose any additional information, which may be relevant to the action that has been taken.(3)Any person aggrieved by a seizure of goods under section 23 may, at any time, apply to a court of competent jurisdiction for a determination that the seized goods are not counterfeit goods and for an order that they be returned to him.(4)The court may grant or refuse the relief applied for under subsection (3) and make such order as it deems fit in the circumstances, including an order as to the payment of damages and costs.