by Perpetua Mwangi
It is said that the highest/greatest/sincerest form of flattery is imitation. Wanting to be like someone/something else indicates great admiration for that sought to be imitated. However, in the world of Intellectual Property (IP) it is certainly not flattery rather IP theft/counterfeiting/illegal depending on one’s conceptual underpinnings.
Counterfeits /knock offs/pirated/infringing goods on the first part and illegal/prohibited goods on the second part are some key words used interchangeably in Kenya in reference to goods/products that infringe on another’s IP rights. On the second part the definition may vary depending on the interpretation offered by law or by a school of thought. At times, the two parts also converge or overlap.