Buying pirated goods promotes crime

26 April - World Intellectual Property Day

South Africans complain about the level of crime in the country but happily deprive composers and artists of their income by purchasing fake or pirated goods, says Chris Job, Chairman of Adams and Adams, leading attorneys in intellectual property law. 

“It is shocking that a high proportion of South Africans, about 20 percent, are quite unconcerned about buying pirated CDs and DVDs, as found in a recent study by TNS Research Surveys.  These buyers give no thought to copyright or other intellectual property rights and make a significant contribution to the problem. 

“Counterfeiting and piracy have increased across all product categories.  Prosecution of counterfeiters and pirates has also increased, although probably not in the same proportion.  Whilst South Africa has excellent laws to protect intellectual property, its enforcement record can still be improved. Without properly protected intellectual property rights you are an easy target for counterfeiters,” says Job.

This Saturday, 26 April, is World Intellectual Property Day, as declared in 2005 by the World Intellectual Property Organisation, a United Nations agency.  Every year on this day, the value of intellectual property rights is highlighted to enhance the protection of these rights. 

Intellectual property comprises various different legal rights that come into existence arising from the creative efforts of individuals.  Once an individual has created something, whether of a technical, aesthetic or business nature, it is important to ensure that it remains the designer’s exclusive property – intellectual property - hence patent and trade mark registration.

These rights include trademark rights, copyright in artistic, musical and literary works, design rights in functional and aesthetic designs and patent rights for inventions.

Job says that as intellectual property has such great value, it is important to concentrate on protecting it.  “From a business perspective, registered protection for the trade marks, patents, copyright or designs that you create is very important. 

“Each of us can make a contribution to stop counterfeiting and related crimes.  This includes not purchasing counterfeit goods and not contributing to the welfare of the crime syndicates that are often involved in their sale.  Furthermore, if you see fake goods, report them to the brand owner or authorities so that action can be taken,” he says. 

Whole industries have been built around intellectual property, like the cell phone and the computer industries.  The value of a business like Microsoft is in its intellectual capital, of which intellectual property forms a significant part.

“Intellectual property rights have huge value.  To the innovator or creator they provide a mechanism to recover research and development costs and to reward ingenuity. 

“For consumers, a brand guarantees a certain standard and quality in the products purchased, which consumers need to distinguish one product or service from another,” says Job.

For more information visit http://www.adamsadams.com or phone 012 481 1500.