ADVOKS GLOBAL · KENYA
Anti-Counterfeit Act
27. Storage and access to seized goods
Edition: 2022-12-31 · In force
27. Storage and access to seized goods
(1)Goods that have been seized under section 23(1) shall be stored and kept in safe custody at a counterfeit goods depot until the person in charge of the depot—(a)is ordered by a court to return, release, destroy or otherwise dispose of those goods as specified in the order:Provided that in the case of counterfeit goods, such goods shall be destroyed at the expense of the local manufacturer or importer, as the case may be, based on the environmental considerations and the capacity of the country to destroy the goods, or shall be reshipped;(b)is directed by an inspector under section 28 to release the goods to the person from whom they were seized.(2)Upon an application in the prescribed manner, goods seized under section 23(1) shall, within five working days, be made available for inspection by the complainant or prospective complainant, if any, the suspect or any other interested person, at the counterfeit goods depot at any reasonable time.(3)Upon an application in the prescribed manner, the Executive Director may make a sample of the seized goods available within a period of five working days to the applicant for testing or analysis.(4)An inspector may take, in the prescribed manner, samples of goods in reasonable quantities for testing or analysis.