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

Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Pedro Moreira outlines proposals by INPI that look set to open a discussion regarding biological materials, extracts, sequences, genetically edited plants, and computer programs
The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one ground of appeal has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
Gift this article