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ARTICLE · 13 AUGUST 2012

Counterfeiting - The Perceived Victimless Crime

In South Africa counterfeiting is perceived to be a victimless crime, one that is viewed as an open opportunity for the public to get a hold of a brand, be it adidas, PUMA, D&G or any other name brand or product at a cheap price.

South AfricaIntellectual Property
Michael Lamont
Michael Lamont

In South Africa counterfeiting is perceived to be a victimless crime, one that is viewed as an open opportunity for the public to get a hold of a brand, be it adidas, PUMA, D&G or any other name brand or product at a cheap price.

The reality however is completely the opposite, counterfeiting is a crime, the Counterfeit Goods Act 37 of 1997, specifically defines the dealing in counterfeit goods as a criminal offence. The crime itself is in fact far from victimless, the TAX revenue that is lost due to counterfeits being imported ,incorrectly declared and sold is estimated to be in excess of R2.5 billion in excise and VAT annually for counterfeit cigarettes alone. The loss of jobs due to counterfeiting is astounding. During 2010 it was estimated by the South African Clothing and Textile Workers Union that 14,400 jobs were lost in the textile industry alone due to counterfeit garments being imported and sold. This does not even take into consideration the potential jobs

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