Counterfeiting: an African perspective

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Counterfeiting: an African perspective

counterfeit-africa-final.jpg

Africa is a haven for counterfeiters. Yet things are changing. With the World Health Organisation estimating that 30% of the pharmaceutical market in Africa is counterfeit, African governments understand that counterfeiting creates public health, fiscal and societal problems. They know that they need to provide effective IP enforcement measures. Such measures now feature prominently in much of the new IP legislation in Africa. We will look at a few countries.

South Africa

The Counterfeit Goods Act, 1997 provides procedural mechanisms that assist IP owners. An IP owner can request the police and Customs authorities to search premises where it suspects that counterfeit goods are being stored or entering the country, and seize those goods so that they can be used in evidence in infringement proceedings. The legislation also creates various criminal offences.

Kenya

There is an Anti-Counterfeit Act of 2008, which provides for the seizure and detention of goods, and lays down harsh penalties for infringers. An Anti-Counterfeit Agency was formed after the introduction of the Act. In 2012 Kenya's High Court ruled that the Anti-Counterfeit Act was too broad, because it could interfere with the flow of generic medicines.

In a recent case involving copyright infringement a Kenyan court issued a search and seizure (Anton Piller) order to preserve evidence. The Kenyan authorities recently amalgamated a number of IP bodies including the Anti-Counterfeit Agency, to cut bureaucracy and improve co-operation in enforcement.

Ghana

On July 25 2014 the Trademarks (Amendment) Act came into force. Various forms of intentional trade mark infringement are now criminal offences. A court can order forfeiture and destruction of goods where criminal offences are being investigated.

Tanzania

In 2008 Tanzania passed the Merchandise Mark Regulations. There is provision for the appointment of inspectors, powers of detention and seizure of goods, and criminal prosecutions.

Angola

In 2014 the Copyright and Related Rights Law came into effect. This provides for the seizure of infringing goods while legal proceedings are pending, as well as for damages and the destruction of infringing material and equipment used in an infringement.

Morocco

On 18 December 2014 the new Industrial Property Law came into force. Customs authorities have the power to detain counterfeit goods that are in transit, and infringers can be required to pay the cost of warehousing and destroying counterfeit goods.

Uganda

Uganda's Anti-Counterfeit Goods Bill 2009 (not yet in force) clarifies that counterfeiting is limited to trade mark and copyright infringements – the earlier version had referred to patent infringements as well.

Zambia

The Intellectual Property Bill of 2011 (not yet in force) provides for a five-year prison term for counterfeiting, and for border seizures of counterfeit goods.

There may be some way to go, but things are moving in the right direction.

Wayne Meiring


Spoor & Fisher Jersey

Africa House, Castle Street

St Helier, Jersey JE4 9TW

Channel Islands

Tel: +44 1534 838000

Fax: +44 1534 838001

info@spoor.co.uk

www.spoor.com

more from across site and SHARED ros bottom lb

More from across our site

Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
In major recent developments, a team of partners broke away from Taylor Wessing to form their own firm, while Kilburn & Strode made a strategic UPC hire
General Court backs Christian Archambeau in some of his challenges against his departure, but dismisses others
Morgan Lewis adds three partners with technical depth, reinforcing the firm’s strategy to bridge legal and tech expertise in patent litigation
The firm posted a 13% increase in profit as well as a rise in overall revenue
Catherine Lee, one of Managing IP’s Top 250 Women in IP 2025, discusses her ‘soft’ approach to leadership and why building a community at work is important
Transactions specialists at Paul Weiss are advising on the high-profile split of Kraft Heinz into two companies, while Skadden is also involved in the deal
Gift this article