Africa: The importance of building relationships to combat counterfeiting

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Africa: The importance of building relationships to combat counterfeiting

Sponsored by

spoor-fisher-400px.png
carson-arias-7z03r1wodmi-unsplash.jpg

Paul Ramara from Spoor & Fisher explains the importance of relationship-building for brand owners dealing with enforcement authorities and customs officials

Fighting counterfeiting in Africa is multi-faceted. It obviously involves trade mark enforcement. However, it also involves building close relationships with the enforcement authorities, and this includes training.

Enforcement activity

When it comes to enforcement, the priority is to ensure that the counterfeit goods are seized. The longer-term objective is generally to ensure that one or more of the following things happen:

  • The counterfeit goods are destroyed;

  • The counterfeiter signs an acknowledgement stating that they will not deal with counterfeit goods again; and

  • The counterfeiter is criminally prosecuted and sentenced by a court.


Relationships

Fighting counterfeiting is a team effort. In Africa, it is essential for the brand owner, or its representative, to form close relationships with enforcement authorities and customs officials, even in those countries where there is an efficient customs recordal system. These government officials must feel that they have the support of the brand owner throughout the process, from seizure to prosecution. A critical feature of the relationship is that the brand owner must make experts available who can prove that the goods are counterfeit during criminal prosecution.

However, there is more to it than simply forming relationships – as these also need to be maintained for future operations. This is achieved through ongoing contact. The brand owner must keep close contact with the authorities and give them the support that they might need in effecting seizures.

Officials who do not feel that they have the support of the brand owner will be inefficient and unlikely to pursue matters or conduct seizures as vigorously as they should.

Brand identification training

The training of enforcement authorities (customs or police) is a key component of any successful anti-counterfeiting programme. Training should happen regularly. Ideally it should be conducted at the key ports of entries for counterfeit goods. Without training it will be difficult for the authorities to identify and detain suspected counterfeit goods.

In Africa, counterfeiting continues to be a challenge. However, the problem can be tackled if brand owners are prepared to invest in relationship-building and training.

Paul Ramara

Partner, Spoor & Fisher

E: p.ramara@spoor.com


 

more from across site and SHARED ros bottom lb

More from across our site

A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
A team from White & Case has checked in on behalf of Premier Inn Hotels in a UK trademark and passing off case against a cookie brand
Litigation team says pre-trial work and a Section 101 defence helped significantly limit damages payable by ride-sharing firm Lyft in patent case
News of Avanci hiring a senior vice president and the EPO teaming up with a French AI startup were also among the top talking points
Explosm, the independent Texas studio behind the hit webcomic Cyanide & Happiness, partnered with Temu’s IP protection team to combat counterfeiters infringing on its brand
Gift this article