‘Tis the season of counterfeiting – Brand holder remedies

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14 Dec 2016

Dealing in counterfeit goods is unlawful as set out in the Counterfeit Goods Act no. 37 of 1997.

Brandholders who wish to protect their brands against the importation, manufacture and sale of counterfeit goods may rely on their intellectual property in the form of trade marks or copyright in order to apply for a formal search and seizure warrant.

Once the warrant has been granted, a search and seizure operation will be executed by the relevant law enforcement agencies. The counterfeit goods found at the premises will then be formally seized, transported to a designated counterfeit goods depot and securely kept as evidence.

Brandholders may elect to pursue civil and/or criminal proceedings against the infringer. The remedies set out in the Counterfeit Goods Act can be far-reaching.

During the festive period, the sale of counterfeit goods is rife and we are in a position to assist brandholders with any concerns pertaining to the importation, manufacturing and sale of suspected counterfeit goods in South Africa.

For more information, please contact Adams and Adams’ anti-counterfeiting team.

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
Godfrey Budeli

Godfrey Budeli is a partners in the Trade Mark Litigation department and is currently heading up the Anti-Counterfeiting team. He holds a LLB degree from the University of Pretoria and... Read more about Godfrey Budeli

Tayyiba Nalla

Tayyiba Nalla is an Associate and Trade Mark Attorney at Adams and Adams. Read more about Tayyiba Nalla


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