Criminal penalties and incentives

Criminal penalties

• in the case of a first conviction, the penalties include a fine not exceeding R5 000.00 per article or item, or imprisonment for a period not exceeding three years, or both;
• in the case of a second conviction, a fine not exceeding R10 000.00 may be imposed per article or item, or imprisonment for a period not exceeding five years, or both;
• in imposing a penalty, the court may take into account any risk to human or animal life, health or safety or any danger to property arising from the use of the counterfeit goods in question;
• the court may declare the counterfeit goods to be forfeited to the state or order the goods and any tools used in their manufacture, to be destroyed.

Incentives

As an incentive to combat trade in counterfeit goods, a person who submits any counterfeit goods purchased by him or her to an inspector together with proof of the price paid therefor, may be awarded a sum of money three times the amount paid for the counterfeit goods if the seller is convicted of an offence under the CGA.