Counterfeit Goods
Intellectual property is protected in South Africa, and when importing goods into South Africa importers must pay attention not to import counterfeit goods, bearing registered trademarks such as names and logos, owned by other persons.
This is not to be confused with what is termed a grey import, an original product imported into South Africa by a person who is not the authorised importer or reseller. This is perfectly legal and is allowed in terms of the law.
Risks & Management
If counterfeit goods are imported, an importer runs the risk of the goods being detained by SARS, and the owner of any trademarked goods issuing civil proceedings against the importer for perceived losses and/or the importer being criminally charged.
We are able to resolve these issues on an amicable basis going forward, whether its dealing with SARS in respect of grey imports incorrectly detained, or importers who have goods detained as they are counterfeit, although in the latter instance, the goods will be detained and destroyed.