What is counterfeiting?

In terms of the Counterfeit Goods Act, counterfeiting is:

the manufacturing, producing or making of goods (whether inside
South Africa or outside) in such manner and to such a degree that
those goods are substantially identical copies of goods that are
protected by an intellectual property right; or
the manufacturing, producing, making or applying to goods the
subject matter of an intellectual property right, or a colourable
imitation of an intellectual property right (whether inside South
Africa or outside), so that goods are calculated to be confused
with or to be taken as being the protected goods of the owner of
the intellectual property right or goods manufactured, produced or
made under the owners licence.

What intellectual property rights are protected

against counterfeiting?
In terms of the Counterfeit Goods Act, an intellectual property right
includes:
a trade mark registered in terms of the Trade Marks Act 194 of
1993;
copyright in any work in terms of the Copyright Act, 1978;
a right conferred in terms of a notice in terms of Section 15 of the
Merchandise Marks Act in terms of which the use of a particular
mark may be prohibited without the authority of a particular
person.

Identifying counterfeit goods

The first step in combating counterfeit goods is to identify them. We
recommend that owners of trade marks in industries where
counterfeiting is a problem (especially clothing, textiles and consumer
goods) consider recording their registered trade marks with South
African customs officials. If a trade mark is recorded with South African
customs officials, the officials will conduct random inspections of
containers at South African ports and harbours and stop any goods that
are suspected to be counterfeit goods.
Lodging a complaint
If suspected counterfeit goods are identified, any person interested may
request a counterfeit goods inspector to investigate whether or not
there is a reasonable suspicion of dealing in counterfeit goods and
lodge a complaint. Persons with an interest in lodging a complaint may
include:
an owner of an intellectual property right in respect of the
protected goods;
a licensee of an intellectual property right in respect of the
protected goods;
an importer, exporter or distributor of protected goods; or
an authorised agent or representative or the attorney of any of
those persons.
If the inspector is satisfied that there is a reasonable suspicion that the
goods are counterfeit, he or she may obtain the necessary warrant to
enter the premises where the suspected counterfeit goods are stored
and seize the goods in terms of the prescribed procedure in the
Counterfeit Goods Act.

After the date of seizure, there are specific time periods within which a
criminal complaint may be lodged and notice of intention to institute
civil proceedings given. In many cases, a complainant may choose to
lodge lodge both a criminal complaint and civil proceedings.
Other strategic considerations
In addition to enforcement strategies to combat counterfeit goods, it is
our experience that a solid anti-counterfeiting strategy may often
include marketing strategies and packaging of products that educate
the public about counterfeit goods and the associated dangers. A
dynamic approach to the problem is often necessary to reduce
counterfeiting of a particular brand.