From January 2023, Meta Platform Inc. Company shall be requiring all entrepreneurs using the Platform to advertise or sell their products to automatically offer their consent for sharing of their information placed on its platform to a governmental entity if it believes that the disclosure would assist a lawful Investigation.
Meta Platform Inc. owns various social media platforms such as Facebook, Instagram and WhatsApp. These social media sites have grown exponentially as useful tools of E- commerce. Most entrepreneurs use them to advertise and sell their services and products. Suffice to say, products and services offered online are not always legitimate. E-commerce has become a safe haven for counterfeiters to hide. Counterfeiters have adapted a new approach to sell their products online. For instance, their social media business pages do not necessarily detail their physical location which makes it hard for them to be tracked down, inspected, and raided.
Social Media platforms are exploited by counterfeiters in 2 ways. First, there are businesses that run their shops online on Instagram, Facebook, and even on WhatsApp. Secondly, content creators and influencers are used to reach a customer base through their account’s following.
As it stands, Kenya does not currently have e-commerce counterfeit regulations to deal with counterfeits online. However, the Copyright (Amendment) Act, 2019 has provisions to deal with online copyright infringement through a takedown procedure. This involves having the Copyright Owner writes a notice accompanied by an Affidavit to the Internet Service Provider (ISP) requesting removal of infringing content.
Anti-Counterfeit Act,2008, which is the primary law dealing with prohibiting dealing in counterfeits should therefore follow suit and be amended to include provisions and regulations to deal with online counterfeit products. This will not only keep the law abreast with current trends in conducting business but will also keep it at bay counterfeit goods. Counterfeit products pose a risk to human health, safety, environment, injure the reputation of genuine business owners, and go against fair business competition principles.
In the meantime, Anti-Counterfeit Authority (ACA) and Intellectual Property Owners (IPR) should embrace this move by Meta and work hand in hand to remove companies and individuals who engage in counterfeiting through the use of social media.
For advice on how to tackle e-commerce counterfeiting, reach us at ipnoved@gmail.com or on +254 115 331 062