South Africa

Please contact our Portuguese office for more information about our services in South Africa:

REACT Portugal
Avenida 5 de Outubro 151-8D
1050-053 Lisboa
Portugal
T: +35 1 21357 5033
Contact: Mr Paulo Pereira
portugal@react.org
ppereira@react.org


With major ports on the Indian Ocean and Atlantic seaboards as well as a network of international air links, South Africa is a favoured target for counterfeiters. This is especially so as in addition to its domestic market, the country also offers a gateway to Sub-Saharan Africa. To combat these activities, Spoor & Fisher has a dedicated, in-house Anti-counterfeiting Unit, headed by Mohamed Khader, who has played a prominent role in the development of anti-counterfeiting practices and procedures in South Africa. The hands-on, proactive approach has led to the creation of a network of investigators to monitor and investigate all aspects of counterfeiting, with prosecution ensuing if necessary. As part of the unit’s efforts to support law enforcement authorities, Mohamed has presented numerous seminars to South African Customs and Excise, Police Service and National Prosecution Authority officials. 

Our services in South Africa

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Attending personal hearing
  • Desk research
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing a demand for a raid
  • Filing Customs applications
  • Filing surveillance letter
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)

Country Procedures

  • Customs application is available and it is valid for 2 years
  • Customs will not act ex officio
  • Deadline for response to Customs notification of detention is 5 days (extendable)
  • Proof of knowledge of counterfeiting is required ("not all reasonable steps taken")
  • Ex parte orders and contributory liability remedy not available
  • Interim injunctions, damages and costs are all available