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 2025

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

As Marshall Gerstein celebrates its 70-year anniversary, Jeffrey Sharp, managing partner, reflects on lessons that shaped both his career and the firm’s success
News of two pharma deals involving Novo Nordisk and GSK and a loss for Open AI were also among the top talking points
Howard Hogan, IP partner at Gibson Dunn, says AI deepfakes are driving lawyers to rethink how IP protects creativity and innovation
Vivien Chan joins us for our ‘Women in IP’ series to discuss gender bias in the legal profession and why the business model followed by law firms leaves little room for women leaders
Partner Jeremy Hertzog explains how his team worked through a huge amount of disclosure from Adidas and what victory means for the firm
Evarist Kameja and Hadija Juma at Bowmans explain why a new law in Tanzania marks a significant shift in IP enforcement
In the wake of controversy surrounding Banksy’s recent London mural, AJ Park’s Thomas Huthwaite and Eloise Calder delve into the challenges street artists face in protecting their works and rights
Alex Levkin, founder of IPNote, discusses reshaping the filing industry through legal tech, and why practitioners’ advice should stretch beyond immediate legal needs
Cohausz & Florack, together with Krieger Mes & Graf von der Groeben, has taken action against Amazon on behalf of three VIA LA licensors
In the fourth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss unconscious bias in the IP workplace and how to address it
Gift this article