Neelam Rahim | neelam@radioislam.co.za

3-minute read
04 February 2024 | 15:23 CAT

In the past several years, the market for counterfeit goods has grown rampantly. Photo/Getty Images

Counterfeiting is a major problem worldwide, not just in money but also in goods and intellectual property, as more products become available on the market.

Not just tangible products, such as cookware, clothing items, programs, books, and designs, which have been subject to counterfeiting for a long time.

Countries in Northern Africa, including Tunisia, Algeria, Morocco and Egypt, have been increasing their focus on anti-counterfeiting and protecting and enforcing intellectual property rights.

Following previous events hosted by AfrIPI, a seminar was held in September 2023 in partnership with other international organizations to focus on enforcing intellectual property rights and fighting counterfeiting.

The seminar enabled open dialogue between various stakeholders to discuss effective strategies for detecting, monitoring, and investigating IP infringement and to find workable solutions for destroying seized goods in an environmentally sustainable manner, including recycling seized goods for other uses.

Radio Islam International discussed counterfeiting and how it can be combatted with Adams & Adams partner, Godfrey Budeli.

Budeli highlighted the legal repercussions of producing and selling counterfeit products within South Africa.

“Fortunately, South Africa has Intellectual Property Legislations that enables us to deal with this particular problem. The Counterfeit Goods Act was in acted in 1997 which criminalizes the Act of counterfeiting all across the board from manufacturing, distributing and selling,” says Budeli.

According to Budeli, those individuals and entities found guilty of engaging in counterfeiting space can be dealt with.

Under the Act, a convicted first-time offender can be punished by a fine of R5000 per item or imprisonment for a period not exceeding three years.

The fine doubles to R10,000 per item for a second-time offender or an imprisonment sentence of not more than five years.

“The law in South Africa has got a bite that could actually create a situation where those individuals involved in this crime could find themselves in serious hot water,” Budeli added.

Adams and Adams have worked side by side with author ties to help combat counterfeit products.

Listen to the full interview on Sabahul Muslim with Moulana Junaid Kharsany and Adams & Adams partner Godfrey Budeli.