Africa: The importance of building relationships to combat counterfeiting
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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 ros bottom lb

More from across our site

Each week Managing IP speaks to a different IP practitioner about their life and career
Mathys & Squire has filed a test case that the firm hopes will make UPC pleadings available by default
Multiple representatives and their teams can now work on cases using the online CMS, but not everyone can submit documents
James Lawrence, partner at Addisons, explains how he convinced the full Federal Court of Australia to back his client in a patent dispute concerning mining safety equipment
The deal will allow the companies to use each other’s patents covering 4G and 5G technologies, and other cellular SEPs
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
Three lead IP counsel in the US, the UK and China share how they walk the fine line between building in-house competence and splurging on external lawyers
Mike Renaud, head of the IP division at Mintz, explains his business strategy and how the firm justifies charging higher rates
Sources say firms must build relationships with clients that transcend their connections to individual partners
INTA’s resolution on online marketplaces and appointment of Amazon’s general counsel follow calls for the association to take a direct position on internet fakes