Over R200 million worth of counterfeit goods seized at harbour in Durban

Police have confiscated the contents of a cargo shipment awaiting processing at the port of Durban in KwaZulu-Natal.

A Hawks investigation confirmed the goods were counterfeit in nature, leading to five containers worth of clothing and other items being seized on 19 December.

The goods were received from China and were destined for Johannesburg, but no arrests have been made as the investigation continues.

Brands confirm inauthenticity

The shipment had been in the custody of authorities since September, when border police inspected the goods at the container depot.

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To confirm if the items were authentic, authorities sent samples of the goods to the attorneys of the relevant manufacturers, who reported back their findings.

“It was confirmed that the goods were not genuine, and brand owners have no partnership or any business deal with the importers,” confirmed police spokesperson Lieutenant Colonel Simphiwe Mhlongo.

The brands include high-end staples such as Nike, Adidas, Polo and Vans, valued at R212.7 million.

Hawks’ KwaZulu-Natal head Major General Lesetja Senona welcomed the seizure and commended the Durban Serious Commercial Crime unit for their work.

What are counterfeit goods?

The South African Revenue Service (Sars) lists counterfeit goods as items that infringe on the rights of intellectual property right (IPR) holders.

The Counterfeit Goods Act 37 of 1997 (CGA) describes acts that constitute counterfeiting as being in possession of, manufacturing, storing, selling or exhibiting in public items which violate the rights of IPR holders.

In addition to the CGA, trademarks and copyrights constituting IPRs are also defined under the Trade Marks Act of 1993, the Copyright Act of 1978 and the Merchandise Marks Act of 1941.

“The identification of counterfeit goods must in all instances be left to the IPR holders or their appointed representatives,” states Sars’ counterfeit goods external policy.

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