Parallel importing or the selling of 'grey goods' has become a common occurrence in South Africa. Consequently products are being sold in South Africa that do not meet the necessary standards. When the equipment in question is used on high voltage installations, this could result in injury or death. Even parallel products that are compliant with local standards are not guaranteed or serviced by the official distributor or its principal, and purchasers discover too late that they have been duped.
The South African government has taken a stand on this issue and Notice No. 107 of 2007 published in the Government Gazette of 9 February 2007 requires inter alia that persons selling or distributing 'parallel imports' or 'grey goods' must prominently display notices and affix appropriate notifications on the products being traded to the effect that the goods in question are 'grey goods' and are not supplied with the authority of the official South African distributor of such goods. Failure to do so constitutes a criminal offence.
In June, the Fluke Corporation assigned the South African copyright in the Fluke copyright works to Comtest. The agreement gives Comtest the exclusive right to reproduce, or to authorise others to reproduce the Fluke copyright works in South Africa. These works include labels and features of get-up, instruction leaflets, booklets and the like describing characteristics and/or the manner of use of the products. This gives Comtest the right to give effect to, and protect, the rights granted to them in terms of the company's distribution agreement for electronic testing equipment with the Fluke Corporation.
Peter Verwer, MD of Comtest, says: "This will effectively make it harder and more costly for Fluke 'parallel imports' or 'grey goods' to be sold in South Africa. If companies parallel importing Fluke products into South Africa do not abide by the appropriate South African laws, Comtest is entitled to lay criminal charges and institute legal proceedings against them. Letters have been sent to companies known to be in violation of the Act, instructing them to cease all activities of this nature."
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