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goods whereby those protected goods are imitated in such manner and to such a degree that those other goods are
substantially identical copies of the protected goods."
S 1:
"Counterfeiting (b) means, without the authority of the owner of any intellectual property right subsisting in the Republic
in respect of protected goods, manufacturing, producing or making, or applying to goods, whether in the Republic or
elsewhere, the subject matter of that intellectual property right, or a colourable imitation thereof so that the other goods
are calculated to be confused with or to be taken as being the protected goods of the said owner or any goods
manufactured, produced or made under his or her licence."
South African Law of Trade Marks (4ed) para 17.5.
AJ Park and Son for the Ministry of Commerce Consultant's Report on Theft of Intellectual Property Piracy and
Counterfeiting para B7 http://www.med.govt.nz/templates/ MultipageDocumentPage____1830.aspx (accessed 10
November 2010).
Para 17.4
Whether para (b) can apply to copyright piracy is not clear.
Cadac (Pty) Ltd v WeberStephen Products Company and others [2010] ZASCA 105 para 6.
Trade Marks Act s 34(1). Trade mark infringement and not counterfeiting was the issue in Puma v Global Warming.