The commencement of the academic year is a significant period for matriculants seeking enrolment in tertiary institutions. However, this period is also marked by an increase in the establishment of “bogus” institutions, luring vulnerable students through deceptive practices.
The Department of Higher Education and Training (DHET) has identified a number of higher education institutions (HEIs) that claim to offer qualifications without registering with the DHET as is required. It is a statutory requirement for all HEIs to be registered with the DHET. Prospective students are strongly advised to verify the registration status of any institution via the official DHET website: https://www.dhet.gov.za/ prior to registering with any institution.
The most recent trends and indicators of fraudulent activity include:
- Offering degrees within improbable time frames, such as fifteen days.
- Claims of awarding of multiple degrees within one year.
- Misleading representations regarding the institution’s physical location or international affiliation.
These “bogus” institutions frequently leverage the power of intellectual property (IP) to create the appearance of legitimacy. Their strategic exploitation of IP typically involves:
- The unauthorised use of the name and logo of DHET, making it appear as though they are operating legally, and are offering accredited courses.
- The use of official seals, crests and logos belonging to public universities and government bodies to appear official.
- Adopting names that are confusingly similar to world-renowned institutions such as the University of South Africa, Oxford University, the University of Cambridge, Harvard University, and more.
A trade mark serves to distinguish the goods or services of one provider from those of another. A mark “means any sign capable of being represented graphically, including a device, name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination of the aforementioned.”1
Trade mark registration provides the owner of the mark an exclusive right to use the mark and the authority to exclude others. Provided that they are renewed every 10 years, these protections can be maintained indefinitely. Trade marks are fundamental to brand recognition and the assurance of quality.
By replicating the trade marks of prestigious HEIs, “bogus” institutions attempt to illegally benefit from the established reputations of legitimate and prestigious institutions. This often leaves students under the false impression that the “bogus” institution is endorsed by, and/or associated with a reputable institution.
We extend our best wishes to all first-year students as they embark on their academic journeys. It is essential for students to check the DHET website to verify institutional credentials before paying any fees.
Should you require further assistance regarding the protection of intellectual property rights, please do not hesitate to contact our office.
References:
- Trade Marks Act 194 of 1993
Author: Tumelo Mashabela | Managing Director and Registered Patent Attorney
