Office of Company and Intellectual Property Enforcement (OCIPE)
Functional Purpose
To create a competitive and enabling economic environment that inspires confidence amongst
economically active citizens through effective and efficient enforcement of Company and Intellectual
Property Legislation and its promotion.
OCIPE consists of the following Directorates:
- Monitoring and Complaints
- Investigations; and
- Education and Capacity Building.
These directorates work together to provide a focused and efficient approach to the enforcement of
Company Law and Intellectual Property Law. Essentially OCIPE is mandated to administer primarily, the
Companies Act 61 of 1973 (hereinafter the Companies Act) and the Counterfeit Goods Act 37 of
1997 (hereinafter the CGA), and secondary the Merchandise Marks Act 17 of 1941, and
Close Corporations Act 69 of 1984.
In terms of the Companies Act, the Minister of Trade and Industry is empowered and, in certain
instances, obliged to appoint inspectors to conduct investigations into the affairs of
companies which are subject to a complaint.
the dti together with the South African Police Services and South African
Revenue Services (SARS) are responsible for the enforcement of the Counterfeit Goods Act.
The Act defines who are the inspectors, and further allows them certain powers to search
and seize suspected counterfeit goods. OCIPE receives complaints from various entities
and/or natural persons, which relate to the transgressions in terms of the Companies
Act and the Counterfeit Goods Act, and the complaints are then investigated.
Directorate: Monitoring and Complaints
The Directorate: (D: M&C) acts as a point of first entry for all complaints
and referrals. The D: M&C will screen all complaints and referrals to determine whether
a matter falls within the mandate of OCIPE. The Complaints is assessed to determine whether
there is another enforcement or regulatory body that will be better suited to deal with the matter.
The directorate has close working relationships with various government and
statutory bodies, and these include: the Independent Regulatory Board of Auditors (IRBA),
the Financial Service Board (FSB), the National Prosecuting Authority, the Office of
Consumer Protection, The South African Reserve Bank, the Specialised Commercial
Crimes Unit - SAPS and the Securities Regulation Panel.
Directorate: Investigations
This directorate is a dedicated unit of investigators specialising in investigating
the affairs of companies. The directorate investigates private and public
companies where there are manifestations in their conduct or formation:
- Fraud;
- Misconduct;
- Prejudicial or oppressive conduct to shareholders;
- On application of members; and
- Withholding information from shareholders.
The directorate, in conjunction with Directorate: Monitoring and Complaints , acts upon
referrals from other enforcement agencies, regulatory bodies, complaints from members
of the public and complaints received from directors or shareholders of a company.
The directorate conducts a dual task in its investigative role: It conducts a preliminary
investigation into the merits of the referral or complaint upon receipt of such complaint or
referral. And once a need or justification for the appointment of inspectors is
identified, the directorate makes detailed recommendations to the Minister of Trade
and Industry who has the discretion to appoint inspectors in terms of the Companies
Act to investigate the affairs of the company.
Directorate: Education and Capacity Building
Education and capacity building is part of OCIPE 's enforcement strategy. This directorate
works towards strengthening the stockholder's capacity by providing them with training
workshops in order for them to implement their programmes more effectively and efficiently.
The primary target audience of this Directorate is the law enforcement officials who,
together with the dti officials have a mandate to enforce both the Companies Act
and the Counterfeit Goods Act. These Law Enforcement Agencies (LEA) include SAPS,
SARS (Customs officials), and the NPA (National Prosecuting Authority) as well as members of the Judiciary.
Education and Capacity Building strives to provide a holistic solution to
Company and Intellectual Property (IP) problems such as piracy and counterfeiting,
and non-compliance with the provisions of the Companies Act in the case of companies.
The directorate has expanded its client base to include Non - Governmental Organizations (NGOs),
Consumers, Industry associations, Paralegals, SMMEs and other government enforcement agencies
involved in the field of company law and intellectual property law.
Education and Capacity Building offers workshops, seminars and information sharing sessions on various
issues relating to company law and intellectual property law enforcement.
For more information on Education and Capacity building programs please fax or send an email to:
Fax: 012 394 2782 or 012 394 2517, Email: TFenyane@thedti.gov.za or
KNtshangase@thedti.gov.za
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