Jan-Harm Swanepoel

WAS THE DECISION BY THE NPA TO REMOVE COUNTERFEIT GOODS MATTERS FROM THE COMMERCIAL CRIMES COURT IN LINE WITH THE RIGHT OF ACCESS TO JUSTICE AS SET OUT IN SECTION 34 OF THE CONSTITUTION?

South Africa is a constitutional democracy, which means that it is a country which observes human rights principles and is governed by the rule of law. All decisions taken by State organs must promote, and not frustrate, constitutional principles. In 2018, the then President of the Republic of South Africa established a commission of enquiry […]

Adams NewsJan-Harm SwanepoelLitigation

Hard on crime, soft on sentencing: the dilemma of lenient sentences imposed in South Africa

We see it weekly in the news, “South African National Anti-Counterfeit Task force seizes counterfeit goods worth R100 million rand, suspects arrested”. But what happens to these suspects arrested and charged in counterfeit goods matters? Make no mistake, the Counterfeit Goods Act No. 37 of 1997 (“the CGA”) criminalises the act of dealing (selling, offering […]

Hashiem LogdayIntellectual PropertyJan-Harm SwanepoelLitigation

Adams & Adams Anticounterfeiting team roll out seizures of counterfeit roller bearings in 3 Provinces

After extensive investigations into a company importing and selling counterfeit branded roller bearings, the Adams & Adams Anti-Counterfeiting Team assisted the HAWKS (SAPS) with simultaneous search and seizure operations in 3 Provinces. More than 1 300 counterfeit branded bearings were seized by the Police during these operations.  Criminal prosecutions and civil claims were instituted. Roller […]

Anti-CounterfeitingIntellectual PropertyJan-Harm SwanepoelTrade Marks

Protecting your rights and interests when the authorities fail to act

Jan-Harm Swanepoel recently represented the interests of a client and the firm in securing an order from the High Court for the imprisonment of a Respondent based on a Contempt of Court Order. The First Respondent embarked on a series of serious intimidating, threatening and defamatory conduct against a client of the firm and even […]

Anti-CounterfeitingIntellectual PropertyJan-Harm Swanepoel

Manufacturing of counterfeit products rearing its ugly head again in South Africa

The recent news reports of a manufacturing facility found to be selling counterfeit washing powder, have reignited concerns about the extent of the counterfeiting industry in South Africa. When you mention the word “counterfeit goods”, most people think about a few counterfeit sneakers or handbags making their way into South Africa in a container or […]

Anti-CounterfeitingIntellectual PropertyJan-Harm Swanepoel

OFFENCE IS THE BEST DEFENCE IN ANTI-COUNTERFEITING | GODFREY BUDELI

Partner in the Anti-Counterfeiting group at Adams & Adams, Godfrey Budeli regularly uses team sport analogies in describing the purpose and successes of his colleagues’ work. “Why not?,” he counters. “As in football, the success of a team depends on correct team placement, and strong leadership.” It’s his ‘captaincy’ that has once again earned him […]

Anti-CounterfeitingGodfrey BudeliIntellectual PropertyJan-Harm Swanepoel