GQEBERHA CELLPHONE ACCESSORIES SHOP MANAGER FINED FOR CONTERFEIT PRODUCTS
13 May 2025
GQEBERHA CELLPHONE ACCESSORIES SHOP MANAGER FINED FOR CONTERFEIT PRODUCTS
The Gqeberha Regional Court’s Specialised Commercial Crimes Unit has secured a fine against Harrikumar Patel, the manager of HOCO (Pty) Ltd for the unlawful importation and distribution of counterfeit cellphone accessories bearing the registered trademark of Apple Inc.
Patel, who operated the business from Shop 32, Walmer Park Shopping Centre, Gqeberha, admitted guilt and paid a fine of R87 000, confirming his conviction under the Counterfeit Goods Act 37 of 1997, read with the Trademarks Act 194 of 1994 and the Adjustment of Fines Act 101 of 1991.
HOCO (Pty) Ltd, registered in South Africa, was found to have unlawfully imported and distributed 145 counterfeit Apple-branded accessories, including: 86 iPhone covers, 46 iPhone charging cables, five iPhone power banks, five iPhone car chargers and three iPhone car port adapters.
These items were seized during a lawful search operation conducted at the business premises on 28 March 2025. The counterfeit goods infringed on the intellectual property rights of Apple Inc., a US-based corporation.
The counterfeit case was initiated upon complaint by Apple Inc., represented in South Africa by attorney Jarred West of Spoor & Fisher based in Centurion, Pretoria. The investigation revealed that the imported goods bore imitation trademarks likely to mislead consumers into believing the products were genuine Apple merchandise.
The prosecution, led by Regional Prosecutor Shumeez September-Moodley of the Specialised Commercial Crimes Unit, emphasised the importance of protecting consumers and intellectual property holders from the harms associated with counterfeit products.
The Eastern Cape Director of Public Prosecutions (DPP), Barry Madolo, welcomed the outcome stating that it reinforces the commitment of the NPA and its partners to combat intellectual property crime and protect legitimate businesses and consumers from the dangers of counterfeit goods, as well as prevent further detriment to the economy of the country.
This case sends a clear message that trademark infringement and counterfeiting will not be tolerated in the Eastern Cape or anywhere in South Africa.
Issued by:
Luxolo Tyali
NPA Regional Spokesperson
Eastern Cape Division
Tel: 047 501 2630
Email: ltyali@npa.gov.za
Cell: 073 555 9292
Enquiries: nmakupula@npa.gov.za / 0682682473