anti-counterfeiting

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COUNTERFEITING IS NOT A VICTIMOUS CRIME - BY MARIUS HAMAN
Thursday, August 11, 2011
On 17 January 2011 shocking news of Warrant Officer Nortje’s death reached the Bowman Gilfillan Anti-Counterfeiting Group. Warrant Officer Nortje was the head of the South African Police Services’ Anti-Amuggling unit in Durban Harbour. This unit is tasked with investigating the smuggling of counterfeit and elicit goods into South Africa. News reports confirmed that Nortje was shot and killed in his own drive way and the death was being described as a “hit”. Given that he had recently been involved in the arrests and seizures related to high profile counterfeit goods cases, there was an immediate suspicion that his death was linked to the duties which he performed with great skill and enthusiasm.

PROCEDURES UNDER THE COUNTERFEIT GOODS ACT: THE IMPORTANCE OF A PROPER COUNT - BY JANINE THOMAS
Thursday, August 11, 2011
Since its enactment on 1 January 1998, the Counterfeit Goods Act (“the CGA”) has become the primary tool for brand holders in combating counterfeiting in South Africa. A unique feature of this Act is that it allows a complainant to pursue both a criminal and/or civil legal route against an offender. Due to the nature of counterfeiting activities, it would appear that criminal measures are the most effective means of combating counterfeiting activities. However, what is clear is that, irrespective of the action adopted by the brand holder (i.e. civil of criminal), the procedures and formalities under the Act should be strictly complied with to ensure success. This is evident in the recent review decision of Johnson & Johnson v Magistrate N Setshogoe NO and others (unreported) (2010) ZAGPPHC 125 (29 September 2010).

LOOK AN UNSOLICITED HORSE IN THE MOUTH - BY CHANEL VAN ROOYEN
Tuesday, August 11, 2009
The Consumer Protection Act 68 of 2008 aims to promote a fair, accessible and sustainable marketplace for consumer products and services and to establish national norms and standards relating to consumer protection.

"SUCCESSFUL RELIANCE ON A REGISTERED COLOUR TRADE MARK – USSHER INVENTIONS (PTY) LIMITED V SOUTH QUAY IMPORT AND EXPORT CC"
Thursday, June 07, 2007
"The life of a trade mark depends upon the promptitude with which it can be vindicated." - Eloff, J, Transvaal Provincial Division. In March of this year, the High Court (Transvaal Provincial Division) delivered an ex tempore judgment in an interesting case where Ussher Inventions (Pty) Limited relied on the legal protection offered by a registered colour trade mark.

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• Consumer Protection Act
• Proposed Labour Law Amendments
• New Companies Act
• NHI