The degenerating China Square Mall trade row threatening the delicate Kenya-China diplomatic relations at a time the Western countries notably the United States of America (USA) and the United Kingdom (UK) are making renewed inroads into the country was thrust into a spin today after the Anti-Counterfeit Authority (ACA) raided the complex and confiscated goods worth Sh50million following a trademark complaint.
ACA Executive Director Robi Njoroge Mbugua said the authority seized the suspected counterfeit goods following a complaint from M/s Smithmo Company Ltd about “FINDER branded tools.”
The company holds the registered trademark of “FINDER” in Kenya, and ACA’s Enforcement Directorate promptly acted on the complaint.
“The recent seizure of Finder branded tools is a clear demonstration of the authority’s efforts to curb counterfeiting and piracy and to ensure that the intellectual property rights of individuals and entities are respected and protected.” Mbugua said.
Drama played out at the complex earlier today leading to seizures of goods, including hardware materials and tools owned by the brand owner.
“The authority takes the protection of intellectual property rights and fair trade practices seriously and strives to ensure that these rights are enforced by creating an enabling environment for innovation and creativity.” Mbugua added.
He said the seizure of “FINDER branded tools” is a clear demonstration of the Authority’s efforts to curb counterfeiting and piracy.
In a statement dated Sunday, February 26, 2023 China Square management announced an indefinite closure and did not give a timeline for when they would resume operations.
The mall has been at the centre of controversy since its launch on January 29, 2023, after Trade, Investments and Industry Cabinet Secretary Moses Kuria revealed his intentions to kick the China Square owner out of business.
Later, the Trade CS offered to assist the China Square owner to set up a manufacturing plant in Kenya.
Lei Cheng, the China Square proprietor, said that the infringement claims were a plot to kick him out of business. He added that the dispute was a misunderstanding from the manufacturer based in China and was already resolved. He expressed concerns that the business would not reopen.
However, the Ministry of Foreign and Diaspora Affairs through Foreign Affairs Principal Secretary Korir Sing’Oei said no lawful investment actor should be apprehensive of the non-arbitrary and non-discriminatory investment regime in Kenya.
“No lawful investment actor- irrespective of their nationality- should be apprehensive because the country’s investment regime is non arbitrary and non-discriminatory.” The PS said.
Earlier, Kuria found himself on the receiving end over the controversial push to allow importation of Genetically Modified Organism (GMO) foods into the country that put him into loggerheads with his Agriculture counterpart Mithika Linturi who claimed the pronouncements as inconsequential social media declarations.