Grey goods and falsified labels can be a matter of life or death

From a legal perspective, what happens in a situation when genuine articles manufactured by the actual manufacturer, such as high-pressure vessels or electrical goods, are imported into South Africa, but the manufacturer’s labels have been removed and replaced with falsified labels that bear fictitious serial numbers, and do not specify the electrical, oil and refrigerant information that is critical to safe and efficient installation and operation of the goods – but which bear the manufacturer’s trademarks?

The main consideration that needs to be taken into account in the above scenario is the nature of the grey goods we are dealing with. The mere incorrect labelling of goods of the kind mentioned above, or the omission of critical information on labelling applied to such goods, could result in the end user’s death.

There are a number of legal considerations that need to be analysed in such a scenario.

Karen Kitchen is a trademark associate at DM Kisch