Anti-Counterfeiting

Our Anti-Counterfeiting team can assist with the following services:

• Border enforcement (formal and informal recordals)
• Regular participation in law enforcement educational training
• Pursuing border detention cases against importers
• Conducting in-market surveys and intelligence-gathering exercises to understand the extent of the problem
• Pursuing in-market intelligence-driven search and seizure operations
• Exploring control delivery exercises, particularly for cross-border consignments of counterfeit goods
• Pursuing both civil and criminal proceedings, where necessary
• Supporting the police and prosecutors to achieve successful criminal convictions
• Exploring knock and talk exercises (where removal of counterfeit goods from the market is a priority) and voluntary surrenders, where appropriate
• Facilitating co-operation between stakeholders nationally, as well as regionally and internationally, such as the WHO, WTO, WCO, UN and Interpol
• Conducting online investigations and dispatching cease and desist letters or submitting take-down notices on online platforms, or a combination thereof
• Assisting with Regulatory complaints:
  • Contravention of the labelling requirements (NRCS Complaints)
  • Substandard goods (SABS Complaints)
  • Expired products (Port Health of Department of Health Complaints)
  • Unregistered medicines (SAHPRA Complaints)
  • Pharmacy Council Complaints.

Our team regularly conducts client portfolio reviews to ensure that the necessary IP rights are protected and, if not, recommends ways to fill in the gaps. The Counterfeit Goods Act makes provision for enforcement based on infringements of registered trade marks, Copyright, as well as infringements of well-known (unregistered) trade marks.

We keep accurate records of all clients’ rights in this regard and ensure that Customs recordals are regularly reviewed to ensure timeous renewals and updating of records. We maintain a very good relationship with law enforcement and ensure excellent collaboration with the authorities to secure apprehension of dealers in counterfeit goods, as well as the identification of new trends pertaining to the importation and distribution or flow of counterfeit goods.

We also conduct in-depth investigations to infiltrate sophisticated criminal enterprises involved in counterfeit goods trade and to understand the extent of the problem. A hybrid of online and offline or traditional investigations has proven to be pivotal to infiltrate organised crime syndicates, which employ sophisticated strategies to circulate counterfeit goods online through websites, trading and social media platforms. Based on the outcome, we devise an effective enforcement strategy within client’s budget.

The African continent presents a huge, growing and dynamic market for brandholders. With a focused and well-developed IP strategy that involves securing registrations for all key brands in relevant first-to-file jurisdictions and pro-actively policing and enforcement of rights in jurisdictions that are strategically important.