The South African media have recently reported growing concern within SARS about the online promotion of so-called “luxury dupes”. Dupes are short for “duplicates” and represent products that mimic well-known luxury brands and are often promoted on TikTok, Instagram and other social platforms, but at a fraction of the price.
Although SARS is primarily responsible for tax and customs enforcement, it is widening its net to stop fake fashion and beauty products before they go viral. This shift is notable given the ongoing prevalence of counterfeit luxury products in South Africa and the expanding role of influencers in driving online sales.
Trade marks, counterfeits and copyright
From an Intellectual Property (IP) perspective, several legal frameworks become relevant. These include trade mark infringement under the Trade Marks Act, criminal offences under the Counterfeit Goods Act, copyright infringement and broader consumer-protection and e-commerce rules. Understanding these frameworks is key for influencers, brand owners and advisors…
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Marco van der Merwe | Partner | mail me | |
Amani Patel | Senior Associate | mail me | |
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| Spoor & Fisher | |
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