If clothing is designed in South Africa, produced in South Africa, and inspired by the symbolism of Xhosa beadwork, shouldn’t South Africans – not counterfeiters – benefit from its success? Here we explain why the prevalence of fakes isn’t about price only- it’s about power too. You’ll also learn more about intellectual property rights and what you can do to help protect it. (Thank you Carlyn Frittelli Davies for your input).

Counterfeit culture

Fake luxury fashion threatens local jobs, designers, and our economy.

Fake MAXHOSA AFRICA roams the streets

A shop assistant selling counterfeit MAXHOSA AFRICA dresses was confronted on the Vimba Show, hosted by Kamohelo Bombe. These fakes sell for as little as R80, while the originals – designed and produced in SA  start at R17,500. There is a growing counterfeit market in South Africa.

MAXHOSA AFRICA

Founded in 2010 by Laduma Ngxokolo, MAXHOSA AFRICA is a luxury knitwear brand known for:

• Modern, graphic designs inspired by the symbolism, patterns, and colours in Xhosa beadwork
• 100% local production, supporting SA’s textile industry
• Global recognition as an African luxury brand
• The iconic design language is instantly recognisable.

Counterfeits vs dupes

Counterfeits

• Illegally imitate a brand, directly copying designs and logos
• Typically poor quality and sold for a lower price

Dupes

• Aim to provide the same functionality or quality, without directly copying the original
• Dupes are unlawful (against regulations) but not illegal (a punishable crime).

Fake fashion costs jobs

Counterfeits don’t just hurt designers – they impact the whole industry:

• Loss of SA jobs, as production is outsourced to cheaper countries
• Buyers lose trust in local brands due to low-quality fakes
• Government loses tax revenue from illegal sales
• Designers lose customers, and aren’t credited for their intellectual property (IP)
• Counterfeit sales redirect money away from the local economy and into unregulated markets. Especially with designs that hold such cultural significance, it should be the South African economy that benefits from their sales.

Copyright challenges

IP laws in fashion are complicated:

• ✔ Designers can claim copyright for original prints
• ✖ Designers cannot copyright silhouettes
• ✖ Similarity in design isn’t enough to sue – it’s very difficult to prove originality
• ✖ Traditional motifs are even harder to copyright, as they belong to a shared cultural heritage

For designers like MAXHOSA AFRICA, whose work is inspired by traditional Xhosa beadwork, protecting designs is very difficult.

Exploitation of independent designers

Fakes aren’t just about price, they’re about power. Who can steal from who – and get away with it. Big retailers copy independent designers, because they know:

• There’s no independent body or organisation to enforce IP protection
• To protect their work, designers would have to go to court
• Most designers don’t have the legal or financial capacity to stop someone stealing their designs.

Entire businesses are built on this model. MAXHOSA AFRICA has already experienced IP theft with Zara and other European brands.

Protecting designers

South Africa has the largest luxury market on the continent, yet designers still struggle to protect themselves against counterfeits.

Some feel that the SA government is not doing enough to protect their IP. France fines individuals up to €300,000 for buying and wearing counterfeits.

The National Counterfeit Unit and Alliance Against Counterfeit work to stop counterfeit trade and raise awareness about IP rights.

Our responsibility

MAXHOSA AFRICA intentionally produces in SA, even though outsourcing to Asia would be cheaper

• They do this to establish SA as a source of luxury-level production capabilities
• This provides jobs, upskills workers, and helps our economy

If the original is too expensive for you, that’s okay. You can appreciate the design without owning it. Buying counterfeits shows a level of entitlement that disrespects our local talent.

What can designers do?

• Register trademarks and logos – it’s affordable and strengthens brand identity
• Use non-disclosure agreements (NDA) when collaborating with influencers and stylists, manufacturing, or third parties
• Keep detailed records of your design process, especially dates
• If designs can be registered, don’t disclose them publicly before securing protection
• State in a contract that you own the IP when working with a third party.

What can you do?

• Support original designers
• Respect local designers – don’t buy fakes
• Buy from reputable stores to avoid counterfeits

African creativity is valuable. Let’s treat it that way.

Sources

• Private correspondence between Holly Kane and Carlyn Davies
• Vimba Show clips shared via Fashion Force Africa
• Times Live
• Alliance Against Counterfeit Limpopo raid
• MAXHOSA AFRICA
• Industrie Africa Connect
• MAXHOSA case study
• Dupes vs Counterfeit
• Bizcommunity
• SA Government 
• Spoor Fisher
• Stellenbosch University
• Citizen newspaper
• Twitter 
• Independent online
• Ethically Dressed
• Vogue Business
• French Minister of Justice
• Podcast and Chill with MacG Episode 570 Laduma
• Alliance Against Counterfeit
• True Love
• Night Talk 702 Radio 

Credit

Main image by Andile Phewa at Confections x Collections 2022