World Customs Day 26 January 2007 - press release

The fight against counterfeiting and piracy in South Africa will be intensified by the country’s participation in International Customs Day tomorrow.

Dedicated to curbing intellectual property rights offences, International Customs Day is celebrated this year by the 169 member countries of the World Customs Organization.

It is estimated that the South African economy loses some R25 billion in revenue per year as a result of this problem, resulting in thousands of job losses.

Marilyn Krige, partner at Adams & Adams, leading attorneys in intellectual property law, says South Africa has a modern and sophisticated legal framework that should be used to protect intellectual property rights.

“The Counterfeit Goods Act provides for severe penalties � as much as R5 000 per item seized on a first offense. Unfortunately these penalties are not always effectively enforced, as the counterfeiters are usually masters of deception and disappearance. Advances are however being made to improve enforcement. 2006 saw, for the first time, a counterfeiter receiving a sentence of five years imprisonment for manufacturing, distributing and selling fast moving consumer goods. All government agencies now cooperate with business to curb the problem.

“We work closely with the South African Revenue Services and the South African Police Services to weed out these offenders that hurt the South African economy so badly. We support them in their efforts to create awareness around intellectual property rights issues,” she says.

The firm’s anti-counterfeiting section prepares documentation and affidavits, assists with search and seizure procedures and lodges complaints with the South African Revenue Services and the South African Police Services. It also handles civil and criminal litigation.

Violations of the Counterfeit Goods Act affect all goods which have a commercial value, from the food you eat, the soap you use to all goods in horticulture, the automotive, pharmaceutical, telecommunications, electronic, clothing and footwear industries.

“The impact of the trafficking in counterfeit goods on the world economy grows larger each year, and this undoubtedly has a damaging effect on all players on the international scene.”

SARS-Customs’ legislative mandate is to protect the national economy and society from illicit trade, facilitate legitimate trade, control the cross-border movement of prohibited and restricted goods and enforce South Africa’s intellectual property rights legislation with respect to imports and exports.

“The legal profession plays a critical role in this process,” says Krige, “and I believe our joint efforts will make a difference in protecting intellectual property rights in the long run.”