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Fluke assigns South African copyright to Comtest |
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 “Parallel
Importing” or the selling of “grey goods” has become a common
occurrence in the South African marketplace. Unfortunately this often
results in products being sold in South Africa that haven’t been
designed for use in this market and therefore do not meet the Standards
that need to be adhered to. Products destined for the Chinese market,
for example, with Chinese markings and instructions with ranges,
resolutions and accuracies required for that country find their way to
Mines and Industrial companies around South Africa. First time users
who cannot read Mandarin have no idea how to use the equipment or
whether it is compliant with South African regulations. When the
equipment in question is used on high voltage installations which could
result in injury or even death to the person testing it, something
needs to be done to make parallel importing very difficult for the
companies selling and distributing these products. Even products that
find their way onto our shores that are compliant with local standards
are not guaranteed or serviced by the official distributor or its
principal and often the companies buying these products find out too
late that they have been duped.
Fortunately 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 persons selling or distributing “parallel
imports” or “grey goods” to prominently display notices and affix
appropriate notifications on the products being traded in 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,
nor are they necessarily guaranteed or serviced by the official
distributor or its principal. Failure to do so constitutes a criminal
offense.
To further safeguard the Fluke electronic test tools brand and ensure
that the stringent safety and quality standards used in the manufacture
of Fluke products are complied with, on the 1st June 2007, the Fluke
Corporation assigned the South African copyright in the FLUKE copyright
works to Comtest (Pty) Limited. Peter Verwer, MD of Comtest says,
“This will effectively make it much harder and more costly for Fluke
“parallel imports” or “grey goods” to be sold in South Africa. If the
companies currently parallel importing Fluke products into South
Africa, do not abide by the South African laws governing “parallel
imports” or “grey goods”, Comtest is entitled to lay criminal charges
and institute legal proceedings against these companies”.
The FLUKE Copyright agreement gives Comtest the exclusive right to
reproduce, or to authorize 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 our Distribution Agreement for electronic testing
equipment with the Fluke Corporation. “Any “parallel importer” can
therefore not import and sell any Fluke product in its original Fluke
box, nor can they provide the original Fluke instruction manuals and/or
copied versions, but need to completely repackage the instruments and
rewrite the instruction manuals themselves,” adds Verwer.
Letters have been sent to the companies known to be importing and/or
offering for sale or sale and distribution of all FLUKE products not
supplied by Comtest, or under Comtest’s authority instructing them to
cease all activities of this nature.
Letters have also been sent to dealer outlets and clients in Industry
asking them to make sure that they only buy their Fluke products
through a Comtest authorized Fluke outlet to safeguard the Fluke brand,
their company and most importantly the safety and welfare of South
Africans working with this equipment in electrical applications. This
will ensure that the stringent safety and quality standards used in the
manufacture of Fluke products are complied with, in the best interests
of all South Africans.
Comtest (Pty) Limited is the sole authorised distributor of Fluke
Industrial and Electrical test tools and Fluke Precision Measurement in
southern Africa. Fluke is the world leader in the manufacture,
distribution and service of electrical and industrial test tools
solutions.
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