Any person who sells or lets or offers for sale or hire any goods to which any
false trade description is applied, or in relation to which a trade mark has
been altered in any manner, shall be guilty of an offence, if(a)
at the time of the commission of the alleged offence, the
person knew or had reason to suspect that the trade
description was not genuine or that the trade mark had been
altered; or
(b)
the person did not take all reasonable steps in order to avoid
the commission of the alleged offence.
[S. 7 substituted by s. 7 of Act 38 of 1997 and by s. 3 of Act
50 of 2001.]
8.
Sale of imported goods bearing name or make of South African
manufacturer or trader, unaccompanied by indication of origin
(1)
Any person who sells or, for the purpose of advertising goods,
distributes in the Republic any goods which were not made or
produced in the Republic, and to which there is applied any name or
mark being or purporting to be the name or mark of any manufacturer,
producer or trader in the Republic or the name of any place or district
in the Republic, shall be guilty of an offence, unless there is added to
that name or mark, in a conspicuous manner, the name of the country
in which the goods were made or produced, with a statement that they
were made or produced there.
(2)
This section shall not have effect in respect of the application of a
name or mark to articles used or to be used for any of the following
purposes, that is to say, as coverings, labels, reels, or otherwise as
articles in or with which goods manufactured or produced in the
Republic are or are to be sold, if the name or mark so applied is the
name or mark of a manufacturer, producer of or trader in those goods
in the Republic, and the name or mark was applied with the consent of
the manufacturer, producer or trader.
[Sub-s. (2) substituted by s. 4 of Act 50 of 2001.]
[S. 8 amended by ss. 8 and 18 of Act 38 of 1997.]
9.
Sale of imported goods bearing
unaccompanied by indication of origin
marks
in
official
language,
Any person who sells or, for the purpose of advertising goods, distributes in
the Republic any goods which were not made or produced in the Republic,
and to which there is applied any mark or trade description in any official
language of the Republic, shall be guilty of an offence, unless there is added
to that mark or description, in a conspicuous manner, the name of the country
in which the goods were made or produced, with a statement that they were
made or produced there.
[S. 9 substituted by s. 9 of Act 38 of 1997 and by s. 5 of Act 50 of
2001.]
10.
Power to require indication of origin and compliance with specified
standards in the case of certain classes of goods