Johannesburg, 13 Jan 2005
A first in South African legal history, the Pretoria Commercial Crime Court sentenced Craig Marnoch to the maximum term of three years` imprisonment in terms of the Counterfeit Goods Act after finding him guilty of selling counterfeit Microsoft products and infringing Microsoft`s copyright.
Microsoft South Africa welcomed the ruling as it sets a precedent for prosecution around counterfeit goods as well as emphasises the value of protecting intellectual property (IP) rights.
Having established himself as an online distributor of software products, Marnoch sold counterfeit Microsoft products under various company names, misleading the public. The sale of counterfeit software is copyright infringement that creates confusion in the marketplace.
Microsoft lodged a criminal complaint with the South African Police Services to actively protect its customers and business partners against this type of infringement as well as promote a level playing field within the marketplace. Microsoft has made significant investments in its software and believes consumers benefit when they have a clear choice of products and an understanding of how those products will perform when chosen.
Members of the Microsoft reseller channel and the public provided valuable evidence over a period of two years in building a strong case against Marnoch. Marnoch was arrested in late October 2004 and pleaded guilty to the first two counts.
"This is a victory for all intellectual property rights holders in SA, and clearly indicates the seriousness with which it is viewed by the courts," says Tonia Papanikolaou, attorney at Bowman Gilfillan Inc.
"Intellectual property is an essential element of modern business development," says Mark Reynolds, group manager, partner development and marketing at Microsoft South Africa. "The protection of IP fosters local innovation and spurs economic growth in the IT industry.
"We would like to thank the police, prosecutors, the reseller channel and members of the public for their assistance in successfully concluding this case."
To distinguish between genuine and fake products, visit www.microsoft.com/howtotell.
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