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ARTICLE · 21 MAY 2020

A Possible Solution To The Difficulty In Quantifying Damages Claims In Counterfeit Goods Cases

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The words of Coco Chanel: "If you want to be original, be ready to be copied" ring more true today than ever.

South AfricaIntellectual Property
Christoff Pretorius
Christoff Pretorius
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The words of Coco Chanel: "If you want to be original, be ready to be copied" ring more true today than ever.

According to the 2018 Global Brand Counterfeiting Report, the total value of counterfeit products globally is expected to reach 1.8 trillion dollars in 2020.

In South Africa the situation is no different with counterfeit goods worth billions of Rand being seized every year.

The sale and distribution of counterfeit goods causes immense harm to brand holders, both from a monetary and reputational perspective.

In terms of the Trade Marks Act, brand holders are entitled to seek compensation from counterfeiters in the form of damages or a reasonable royalty resulting from the unauthorised use of their trade marks.

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