2s
No. 18324
Act so. 37.1997
GOVERNMENT GAZETTE. 1 OCTOBER 1997
COUNTERFEIT GOODS ACT, 1997
(5) The Commissioner, by written notice (issued within a reasonable time after having
decided the application) must notify the applicant whether the application has been
granted or refused, and—
(a) if granted, state the period during which any stipulated goods being imported
into or entering the Republic will be made subject to seizure and become
subject to detention under subsection (4);
(b) if refused, state the reasons for the refusal.
(.6) For the purposes of acting under subsection (4) in relation to goods that are
stipulated goods or suspected on reasonable grounds to be stipulated goods—
(u) any member of the customs authorities will act wzutatis murundis as if he or
she were an inspector who, in connection with counterfeit goods or alleged or
suspected counterfeit goods, were exercising the powers contemplated in
section 4(1 ) on own initiative in terms of section 3(4);
(b) the following provisions of this Act will apply muiatis mutandis in relation to
any member of the customs authorities, namely—
(i) the provisions in accordance with or subject to which the powers
contemplated in section 4(1) may be exercised by an inspector so acting
on own initiative;
(ii) the provisions by which any other power or any right. function, duty,
obligation, exemption, indemnity or liability is conferred or imposed on
an inspector so acting.
However, the Minister, at the request of the Minister of Finance acting on the
recommendation of the Commissioner, may by notice in the Ga:ette exempt
the members of the customs authorities from any of the provisions made
applicable by this paragraph if satisfied that there are suitable and appropriate
alternative arrangements made by or under the Customs and Excise Act, 1964,
that cover the purpose of the provision from which exemption is sought.
(7) The customs authorities will not be obliged to act in terms of subsection (4) unless
the owner of the intellectual property right, the subject matter of which is alleged to be
featured or borne by or incorporated or embodied in or to have been applied to stipulated
goods, furnishes to the Commissioner security in the manner and amount that the
Commissioner may require to indemnify the customs authorities and their members
against any liability that may be incurred pursuant to the seizure and detention of goods
or anything done in relation to goods when acting or purportedly acting under this
section. and to cover any expenses that may be incurred in effecting the seizure and
detention of the goods.
(8) The provisions of this Act will not be construed so as to render the customs
authorities or any of their members liable for—
(a) any failure to detector seize stipulated goods;
(b) the inadvertent release of any such goods; or
(c) any action taken in good faith in respect of such goods.
(9) For the purposes of this section, “customs authorities” means the South African
Revenue Senice in its Division: Customs and Excise, the members of which are the
Commissioner and those officials who are “officers” within the contemplation of the
definition of ‘“officer” in section 1(1) of the Customs and Excise Act. 1964.
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Evidence and presumptions
16. (1) Subject to section 5(4)(b), any statement taken down or other documentary
evidence procured by an inspector in the course of exercising any power in terms of
section 4(1 k may be made available to a complainant at his or her request. The
complainant may make copies of or extracts from any such statement or documentary 50
evidence and must return the original statement or document to the inspector.
(2) An inspector may be called as a witness by any party to civil or criminal
proceedings concerning counterfeit goods. or by the court, whene~’er the inspector’s
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