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so. 1 Ss?-1
Act XL 37.1997
GOVERNMENT GAZEITE. 1 OCTOBER 1997
COUNTERFEIT GOODS ACT. 1997
to the erstwhile respondent for any injury or prejudice caused to or suffered by him or
her in consequence of any measures and steps taken in terms of section 11 or 12 on the
authority of an order contemplated in section 11.
(2) For the purposes of subsection (1) and section 14(a) ‘“erstwhile applicant” means the owner of an intellectual property right who
was the successful applicant in any ex parte application brought in terms of
section 1 l(l); and
(b) ‘“erstwhile respondent” means the person against or in relation to whom relief
was sought pursuant to that application.
Court may order release of attached subject goods and ancillary materials in
certain circumstances
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14. If an erstwhile applicant does not, before the date specified in an order
contemplated in section 11(5)(e) or within the period referred to in section 11(6),
whichever is applicable, institute proceedings against the erstwhile respondent for the
infringement of the erstwhile applicant’s intellectual property right, or if, in the case 15
where those proceedings have been so instituted, the erstwhile applicant’s claim has
been dismissed by the court, the court, on the application of the erstwhile respondent or
any other interested person claiming to be entitled to the subject goods and ancillary
materials. may order that such goods and materials be released, respectively, to the
erstwhile respondent or to such interested person who has proved his or her entitlement JO
thereto.
Customs authorities’ powers in relation to counterfeit goods being imported into
Republic
15. (1) The owner of an intellectual property right may apply to the Commissioner for
Customs and Excise (hereafter called the Commissioner), to seize and detain all
goods—
(a) which are counterfeit goods featuring, bearing, embodying or incorporating
the subject matter of that intellectual property right or to which the subject
marter of that right has been applied;
(b) and which are imported into or enter the Republic during the period specified
in the application. However, that period may not extend beyond the last day of
the period for which that intellectual property right subsists.
(~) For the pumoses of subsection (1), the applicant may furnish to the Commissioner
a specimen of the goods that are protected goods of the nature contemplated in
paragraph (a) of the definition of “protected goods” in section l(1) (if any) and to which
the subject maner of his or her relevant intellectual property right relates. and sufficient
information and particulars as to the subsistence and extent of that intellectual property
right and as to his or her title to that right.
(3) The Commissioner must consider and deal with an application in terms of
subsection ( 1 ) u’ithout delay, and must grant the application if satisfied on reasonable
grounds—
(a) that the goods claimed to be protected goods, are primafacie protected goods;
(b) that the intellectual property right, the subject matter of which relates to the
protected goods, prima facie subsists; and
(c) that the applicant prima facie is the owner of that intellectual property right.
(4) When an application made in terms of subsection (1) has been granted and notice
thereof given in terms of subsection (5), all goods that are counterfeit goods of the type
with reference to which that application was made (hereafter called the stipulated
goods). or suspected on reasonable grounds to be stipulated goods, and imported into or
entering the Republic from time to time during the period determined by the
Commissioner ( \vhich may be shorter than the period applied for), may be seized and
detained by the customs authorities in performing their functions under the Customs and
Excise Act. 1964 (Act No. 91 of 1964), subject to the provisions of subsections (6) and
(7) of this section.
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