Nairobi hosted a four-day regional workshop from May 17-20, 2011 entitled “The Enforcement of Intellectual Property Rights in Kenya: An Interagency Approach.” The interagency effort was a collaboration between the Commercial Law Development Program (CLDP), the Market Access Compliance desk, International Trade Administration (MAC/ITA), the Office of Intellectual Property Rights (OIPR) and the U.S. Patent and Trademark Office of the U.S. Department of Commerce (DOC), the Departments of Justice (DOJ) and Homeland Security (DHS), the Department of State (DOS), and the Commercial and Economic sections of the U.S. Embassy in Nairobi in conjunction with Kenya's Anti-Counterfeit Agency (ACA), the Kenya Copyright Board (KeCoBo), and the Kenya Industrial Property Institute (KIPI). This workshop exposed approximately 100 IP administrative and enforcement officials from Kenya as well as private sector stakeholders from across the region to best practices in interagency collaboration on IPR enforcement. Officials from the governments of Burundi, Rwanda, Tanzania, Uganda, and the East African Community also participated in the program as observers.

In 2008, Kenya’s Anti-Counterfeit Act established the Anti-Counterfeit Agency (ACA), to lead and coordinate the Kenyan government efforts to combat counterfeit goods in Kenya. The ACA was established to more effectively protect and enforce intellectual property rights by being the primary agency dealing with counterfeit goods. Given existing Kenyan government agency mandates and relationships on the protection and enforcement of IP, and private sector stakeholder interests, the question of how the ACA can best cooperate, collaborate, and communicate with partner agencies and the private sector to achieve this goal was the focus of the program.

Acting Minister of Industrialization Amason Kingi opened the workshop on May 17th by stating, "Intellectual property is a key portion of the Vision 2030 plan that will provide Kenya with a competitive advantage." May 17-18 provided a forum for government-to-government discussion and training; experts from the Commerce Department, USPTO, DOJ, State Department and DHS shared best practices on the interagency approach to the protection and enforcement of IP. The ACA and the Kenyan partner agencies likewise discussed the mechanisms and procedures for cooperation, collaboration, and communication necessary for an effective interagency approach to fighting trade in counterfeit and pirated goods. The following two days worked towards the development of a public/private partnership to combat IPR violations in Kenya, including testimony from the private sector on IP issues. The private sector in Kenya was represented by the Kenya Association of Manufacturers (KAM), the American Chamber of Commerce in Kenya (AmCham), and the International Chamber of Commerce, whose U.S. members are global companies with business interests in Kenya.

By promoting an interagency approach among the key partner agencies and the private sector, this regional workshop laid the groundwork for establishing an effective framework and mechanisms by which counterfeited and pirated goods can be prohibited from entering Kenya and removed from Kenya’s markets. Workshop recommendations in support of increased coordination included a proposed memorandum of understanding between the ACA and its sister organizations as well as the determination for setting in place mechanisms of public-private partnership on IPR enforcement.