Anti-Counterfeiting in South Africa: What You Need to Know
The Counterfeit Goods Act, No. 37 of 1997 was enacted to fight the growing problem of counterfeit goods in South Africa. This law offers effective and swift recourse for those affected by counterfeiting, as long as specific conditions are met.
What Are Counterfeit Goods?
Under the Counterfeit Goods Act, counterfeit goods are defined as products that have been unlawfully replicated, and this includes any materials or means used for counterfeiting. The Act further defines counterfeiting as the unauthorized duplication of goods that are protected by intellectual property rights in South Africa.
This includes:
- Producing or manufacturing goods that are virtually identical to protected goods, causing confusion between the original and the counterfeit.
- Affixing an intellectual property right (or a similar imitation) onto goods in a way that misleads consumers into thinking they are purchasing goods from the rightful owner.
Intellectual Property Rights Protected Under the Act
The Counterfeit Goods Act protects goods that fall under the following intellectual property rights:
- Trade marks registered under the Trade Marks Act, No. 194 of 1993.
- Copyright as defined by the Copyright Act, No. 98 of 1978.
- Rights conferred by the Merchandise Marks Act, No. 17 of 1941.
Enforcement and Procedures
The Counterfeit Goods Act allows for strict enforcement measures to combat the distribution of counterfeit goods. Complaints can be made by the holders of intellectual property rights, and if the goods in question are found to be counterfeit, the authorities can seize and destroy them.
At Wolmarans and Susan Inc., we provide expert services in the enforcement of your intellectual property rights under the Counterfeit Goods Act.
How We Can Help
Our professional services include:
- Assisting with the identification and reporting of counterfeit goods.
- Filing complaints and coordinating with authorities to seize counterfeit products.
- Providing legal opinions on anti-counterfeiting actions.
- Representing clients in legal proceedings against counterfeiters.
- Advising on anti-counterfeiting strategies, including customs watch programs and enforcement of border controls.
Contact us today to protect yourself against counterfeiting.
