Spoor & Fisher - Intellectual Property law specialists Patents, trade marks, copyright, design, domain names, South Africa and Africa

A Brief Overview of the Counterfeit Goods Provisions of the Draft Revenue Amendment Bill, 2007

Mohamed Khader

The draft Revenue Amendment Bill, 2007 (“the draft bill”) which has recently been circulated for comment, deals with certain issues relating to

14/11/2007

Kenya – Ingenious Measures and a Set-back

Mac Spence

The Government of Kenya, mindful of its obligations under the TRIPS Agreement, published the Counterfeit . . .

14/05/2007

Introduction and Background

Introduction and background Counterfeiting has been a growing problem in South Africa, and many brand owners are

1/01/1990

M. Conclusion

M. Conclusion The Act is supplementary to existing remedies available to intellectual property right owners for protecting and enforcing their rights. With its streamlined procedure for enabling law enforcement authorities to seize and detain...

1/01/1990

L. Miscellaneous Provisions

L. Miscellaneous provisions 1. Claims for Compensation by Dispossessed Person - [Section 17] Any person suffering

1/01/1990

K. Detention and Release of Seized Goods - [Section 8]

K. Detention and release of seized goods - [Section 8] 1. Goods stored in Counterfeit Goods Depot - the person in charge of counterfeit goods

1/01/1990

B. Unlawful Acts - [Section 2]

B. Unlawful acts - [Section 2] 1. The offence of dealing in counterfeit goods entails doing any of the following in relation to

1/01/1990

A. Definitions [Section 1]

A. Definitions [Section 1] 1. Protected goods. The Act accords protection to any person who has an interest in "protected goods"

1/01/1990

Synopsis of the Counterfeit Goods Act; NO. 31 of 1997

1.Introduction and Background A.Definitions - [Section 1] B.Unlawful Acts -

1/01/1990

Audio Transcription of Interview on Classic FM on 16 October 2006: Buy a Fake Rolex?

Paul Ramara

TONY BLEWITT: Once again on ClassicFM we are talking intellectual property, my guest on the phone Paul Ramara, an attorney in the

16/10/2006

Audio Transcription of Interview on Classic FM on 21 August 2006: Branded Goods

Mohamed Khader

TONY BLEWITT: Once again on ClassicFM we are talking about intellectual property with Spoor & Fisher

21/08/2006

Audio Transcription of Interview on Classic FM on 7 August 2006; The Difference Between Pirated Goods and Counterfeit Goods

Mohamed Khader

TONY BLEWITT: Once again here on ClassicFM we are talking about intellectual property with Spoor & Fisher. My guest in the studio is Mohamed Khader from Spoor & Fisher and the topic today is anti-counterfeiting. Good morning, Mohamed... MOHA

1/01/1990

Counterfeiting: A South African Perspective

Mohamed Khader & Paul Ramara

Counterfeiting and piracy can cause irreparable harm to a brand owner’s revenue and brand equity. What is more, even a country’s global image may

1/08/2006

Customs and Excise Application Form for Detention of Counterfeit Goods

Mohamed Khader

The owner of an Intellectual Property right may file an application requesting the Commissioner for Customs and Excise to seize and detain all counterfeit goods featuring, bearing, embodying or incorporating a brand holder´s trade marks and/or cop

1/01/2004

Estee Lauder Counterfeit Goods Raid

Mohamed Khader

A very successful raid was conducted on 12 February 2004 by the Commercial Crime Unit (CCU) pursuant to a tip-off furnished to Spoor & Fisher. At premises in Meadowdale, Johannesburg, counterfeit Estee Lauder perfume was seized to the commercial valu

1/02/2004

Practical Overview of Detention and Seizure Process of Counterfeit Goods

Mohamed Khader

All goods imported from abroad through any South African harbour, airport or border post can be inspected by officials of the South African Revenue

1/01/2004

Anti-Counterfeiting Bulletin

Owen Dean

The enforcement of anti-counterfeiting measures is a growing field of Intellectual Property Law

1/04/2002

Anti-Counterfeiting Workshops

Corné Guldenpfennig

Anti-counterfeiting workshops are being held in Johannesburg, Cape Town, Durban, Port Elizabeth and Bloemfontein between April and June 2001. The dates and venues are provided below. All relevant authorities and role players (ie. police officers, pu

1/04/2001

Circular No. 350; Anti-Counterfeiting

Mohamed Khader

The enforcement of anti-counterfeiting measures is a growing field of intellectual property law and fast developing in South Africa and neighbouring

1/03/2002

Counterfeit Goods Act

Owen Dean

The Counterfeit Goods Act, No. 37 of 1997, is a measure intended to enable owners of certain forms of intellectual property, including copyright

1/01/1990

J. Post Raid Procedures - [Section 7]

J. Post raid procedures - [Section 7] Duties of inspector following seizure of goods: 1. Attachment of Goods -

1/01/1990

I. Scope of Inspectors' Powers When Warrant Not Obtained

I. Scope of Inspectors´ powers when warrant not obtained 1. Circumstances when powers may be exercised - An inspector may exercise

1/01/1990

H. Scope of Inspectors' Powers When Warrant Obtained - [Section 4]

H. Scope of Inspectors´ powers when warrant obtained - [Section 4] Powers of inspectors once

1/01/1990

G. Execution of Warrant - [Section 6 Continued]

G. Execution of warrant - [Section 6 continued] 1. A warrant may be issued on any day. (s 6(3)) 2. A warrant will be in force

1/01/1990

F. Issue of Warrant - [Section 6]

F. Issue of warrant - [Section 6] 1. Procedure when applying for a warrant a. The warrant will only

1/01/1990

E. Inspector Must Obtain Warrant - [Section 4(2)]

E. Inspector must obtain warrant - [Section 4(2)] 1. Save in certain exceptional circumstances when a warrant is not necessary, an inspector must seek a warrant in terms of s 6(1) from a judge or magistrate having jurisdiction entitling the insp

1/01/1990

Reaction of Inspector - [Section 3(4)]

D. Reaction of Inspector - [Section 3(4)] An inspector is entitled to take various steps if he is reasonably satisfied in

1/01/1990

C. Action by Complainant [Section 3]

C. Action by complainant - [Section 3] A person having an interest in protected goods as defined in B.3 above, has locus . . .

1/01/1990

Anti-Counterfeiting

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