Complication in IPR cases makes counterfeits fight a herculean task

This has pushed ABB Tanzania, a leading power and automation technology group to call upon the government to strictly execute legal regulations while improving the capacity to fight against the proliferation of fake products.

ABB’s Managing Director, Michael Otonya cautioning the public about the safety hazards caused by counterfeit electrical products, said manufacturers should find solutions to fight against counterfeit goods and register for intellectual property protection.

The use of counterfeit electrical equipment is a real hazard to life and property because they occupy second place after pharmaceuticals in the number of IP rights seizures.

Otonya said there is also the need to contain the illegal activities of pirates which have effects on economic growth.

According to him, the issue of counterfeits and sales of products is a global problem that has serious implications on the economy.

“It has become necessary for government, manufacturers and consumers to seek lasting solutions to the consequences of counterfeit goods in the country.

As ABB, we are concerned because being a leader in power and automation technologies, we place top priority on customers’ protection and loyalty, and customers are more cheated when one looks at the rate at which counterfeits enter the markets,” he told this paper recently.

The ABB boss pointed out that this is an avenue for them to assist work with government and other stakeholders to help fight against fake products and fraudulent marketing to reduce customer cheats.

He underscored that counterfeits appear to be genuine but they are unable to meet minimum performance specifications.

Manufacturers of counterfeits often use inferior materials without regard to meeting published ratings or safety, he emphasised.

However, he noted that Tanzania is growing bigger everyday in the sale of electrical goods, adding that this was part of the reasons why counterfeiting is also growing and penetrating the markets.

Tanzania Bureau of Standards (TBS) Director General Joseph Masikitiko, said the agency would continue supporting local electrical manufacturer and other interested companies to combat counterfeiting.

“We are trying our best to control the situation but local manufacturers need to work together in the fight because most of their so called sole distributors are responsible for the production and sale of the fakes,” said Masikitiko.

The TBS head explained that they are working with other government agencies to wipe out the sale of inferior products in the local market because of the negative health and financial implications they have.

TBS noted that counterfeiting is the major challenge being faced by the services sector daily, adding that efforts are being made to combat counterfeits in the country by seizing and destroying inferior imports.

Masikitiko said it is unlawful to re-export counterfeits imported into the country, adding that it is also important that any suspected fake products, manufacturers or distributors should be reported by the law enforcing agents including the customs.

One of the stakeholders urged ABB to always seek legal redress whenever they come across people who have faked their products.
“Though the legal system in Tanzania looks slow, but assured manufacturers they would get justice at the end of the day,” he said.
Otonya urged on the need to empower rights holders, law enforcers, prosecutors and border services officials with the right tools and sufficient resources to address this problem.

Proposing, he said, updating the trademark offence provisions in the Criminal Code to prohibit importation and possession for the purposes of trafficking of counterfeits is one of area, saying trademark offences should also be added to the Trademarks Act and all criminal copyright offences added to the Criminal Code.

He also proposed the provision of a formal mandate to set up an IP crime task force to address cost-effective IP enforcement and education, providing law enforcement officials and prosecutors throughout the government with clear jurisdiction and mandate to enforce IP crime cases, strengthening civil remedies for counterfeiting and piracy, and encouraging prosecutors to seek more significant criminal penalties.