One of the questions we frequently get asked is how can I find authorised distributors for “X” brand? Firstly, it is important to understand and accept that as a business owner, the onus is on you and you alone to ensure the authenticity of the goods you will be selling. It is not the responsibility of rights holders to inform you of their rights. If they reach out to you, it will already be too late and, could end up being very costly for you.
Here are some tips to help you ensure that your supplier is authorised and the goods they are supplying you are genuine:
- Visit the brand’s website or contact their local office to enquire about authorised distributors;
- Check your supplier’s website, authorised distributors and manufacturers will often state this on their website or list the brands that they partner with;
- If in doubt, request confirmation from your supplier that the goods they are supplying you are authentic;
- If you are creating, manufacturing or selling a product that uses or incorporates the intellectual property rights of others, ensure that you have the necessary license or permission to do so. Seek a legal opinion from a specialist intellectual property law firm before doing so, alternatively contact departments such as the Companies and Intellectual Property Commission (the CIPC) for advice and guidance;
- Lastly, prepare in advance, these enquiries may take some time. The adage “it’s easier to seek forgiveness rather than ask for permission” does not apply in business or legal proceedings.