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Addressing the role of internet intermediaries and other stakeholders in the online counterfeit market in South Africa : lessons from selected jurisdictions

Mini-dissertation (LLM (Intellectual Property))--University of Pretoria, 2025.

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Other Authors: Okorie, Chijioke
Format: Thesis
Language:English
Published: University of Pretoria 2025
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access_status_str Open Access
author2 Okorie, Chijioke
author_browse Okorie, Chijioke
author_facet Okorie, Chijioke
collection Thesis
dc_rights_str_mv © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini-dissertation (LLM (Intellectual Property))--University of Pretoria, 2025.
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2025
publishDateRange 2025
publishDateSort 2025
publisher University of Pretoria
publisherStr University of Pretoria
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spelling oai:repository.up.ac.za:2263/103688 Addressing the role of internet intermediaries and other stakeholders in the online counterfeit market in South Africa : lessons from selected jurisdictions Okorie, Chijioke Lasheeba71@gmail.com Baloyi, Balehlogonolo Queeneth UCTD Sustainable Development Goals (SDGs) Internet intermediaries, Safe harbour regime Internet sale of counterfeit goods Internet trademark infringement Counterfeit trademark goods Internet trademark enforcement in the USA and EU Mini-dissertation (LLM (Intellectual Property))--University of Pretoria, 2025. In recent times, the need to protect intellectual property rights (IPR) against infringement on the internet is increasing. The surge in commercial transactions on the internet continues to popularize the advertisement and sales of counterfeit goods. Such negative development has continued to engender the infringement of IPR, particularly trademark rights. Section 76 of the Electronic Communications and Transactions Act (ECTA) requires that internet service providers (ISP) only be held liable for infringing data or activities where they know such infringement emanating from their users exists. IPR holders have argued that the protection offered by section 76 of ECTA is enabling ISP to contribute to infringe content on the internet as the response to their complaints are not met with the urgency they deem is required simply because they benefit financially from their users. This continuous challenge prompts the need to research on the role of internet intermediaries and other stake holders on the internet counterfeit market in South Africa. Enforcement efforts observed in the USA and Europe to curb the internet counterfeit tide has necessitated that a comparative analysis takes place which has resulted in important lessons to be learnt and implemented. A qualitative research approach has shown that there has been instances wherein ISPs and consumers are guilty of secondary infringement of trademark rights on the internet and as such collaborative efforts are required from all stakeholders in eliminating such infringement so as to eventually curb the counterfeit tide significantly. National Prosecuting Authority Private Law LLM (Intellectual Property) Unrestricted Faculty of Laws SDG-12: Responsible consumption and production 2025-07-30T05:31:04Z 2025-07-30T05:31:04Z 2025-09 2025-01 Mini Dissertation * S2025 http://hdl.handle.net/2263/103688 Disclaimer Letter en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Sustainable Development Goals (SDGs)
Internet intermediaries,
Safe harbour regime
Internet sale of counterfeit goods
Internet trademark infringement
Counterfeit trademark goods
Internet trademark enforcement in the USA and EU
Addressing the role of internet intermediaries and other stakeholders in the online counterfeit market in South Africa : lessons from selected jurisdictions
title Addressing the role of internet intermediaries and other stakeholders in the online counterfeit market in South Africa : lessons from selected jurisdictions
title_full Addressing the role of internet intermediaries and other stakeholders in the online counterfeit market in South Africa : lessons from selected jurisdictions
title_fullStr Addressing the role of internet intermediaries and other stakeholders in the online counterfeit market in South Africa : lessons from selected jurisdictions
title_full_unstemmed Addressing the role of internet intermediaries and other stakeholders in the online counterfeit market in South Africa : lessons from selected jurisdictions
title_short Addressing the role of internet intermediaries and other stakeholders in the online counterfeit market in South Africa : lessons from selected jurisdictions
title_sort addressing the role of internet intermediaries and other stakeholders in the online counterfeit market in south africa lessons from selected jurisdictions
topic UCTD
Sustainable Development Goals (SDGs)
Internet intermediaries,
Safe harbour regime
Internet sale of counterfeit goods
Internet trademark infringement
Counterfeit trademark goods
Internet trademark enforcement in the USA and EU
url http://hdl.handle.net/2263/103688