Legal updates and opinions
News / News
COVID-19 and online precautions for brand owners
by Donvay Wegierski, Director
As the world heeds the call to stay at home and flatten the curve our online activity has increased. With it, we have seen an increase in cybercrime, phishing and general criminal activity luring people to donate to fake causes, to click on phishing links and buy fake or counterfeit goods.
There has also been a particularly sharp rise in counterfeit pharmaceuticals and protective gear. Worldwide shortages of protective gear has seen a proliferation of fake products. One such example are “N95” masks (being a US certification) available online and subsequently pulled from India, Pakistan and numerous other countries.
Understandably fake or inadequate products place lives at risk therefore the origin and credibility of the website from which products are purchased should be treated with caution. In an effort for brand owners to combat trade mark infringement and counterfeit product the following measures could be considered:
- Google Alerts or anti-counterfeiting services which flag the unauthorised use of brand names;
- Trade mark watching services can be implemented or increased;
- Consider anti-counterfeiting partnerships with likeminded business;
- Educate and inform customers online by including listings of legitimate retailers, posting photographs of genuine product and encouraging reporting of fake or unauthorised product;and
- Continue to maintain and protect brands locally and abroad – register and maintain trade marks and domain names, in South Africa and other countries.
Latest News
Constitutional subsidiarity: An important clarification
by Dakalo Singo, Director and Head of Pro Bono Constitutional subsidiarity is an important principle of South African law. While [...]
Franchisors Beware! The Competition Commission may come knocking soon
by Paul Coetser, Director and Head of Competition and Kwanele Diniso, Associate The franchising industry has long been a bone [...]
Mind the Conduct: A Guide to COFI – Part 6: COFI – What Really Changes?
by Hilah Laskov, Director Introduction In this article series, we take a deep dive into the South African Conduct of [...]
Remuneration governance under the amended Companies Act: A closer look at some of the key questions
by Kevin Trudgeon, Director and Helena Stoop, Senior Knowledge Lawyer 1. Introduction On 22 May 2026, a proclamation by President [...]
Does the Public Procurement Act provide for an effective dispute resolution mechanism?
by Sarah Moerane, Director and Koketso Rapoo, Senior Associate The National Treasury published the draft General Public Procurement Regulations and [...]
The shift in the evaluation criteria in South African public procurement
By Sarah Moerane, Director and Amogelang Magano, Senior Associate South Africa is in the midst of what could prove to [...]
