8
so. 15324
GOVERNMENT GAZEITE, I OCTOBER 1997
Act ~0. 37.1997
COUNTERFEIT GOODS ACT. 1997
(ii) for any other purpose to such an extent that the owner of an intellectual
property right in respect of any particular protected goods suffers
prejudice;
(/7 be imported into or through or exported from or through the Republic except
if so imported or exported for the private and domestic use of the importer or 5
exporter, respectively;
(g) in any other manner be disposed of in the course of trade.
(2) A person who performs or engages in any actor conduct prohibited by subsection
(1). will be guilty of an offence if—
(a) at the time of the actor conduct, the person knew or had reason to suspect that 10
the goods to which the act or conduct relates, were counterfeit goods; or
(b) the person failed to take all reasonable steps in order to avoid any act or
conduct of the nature contemplated in subsection (1) from being performed or
engaged in with reference to the counterfeit goods.
15
Laying a complaint
3. (1) Any person who has an interest in protected goods, whether as the owner or
licensee of an intellectual property right in respect of the protected goods or as an
importer. exporter or distributor thereof (includlng the duly authorised agent or
representative or the anomey of any such person), who reasonably suspects that an
offence referred to in section 2(2) has been or is being committed or is likely to be 20
committed by arty person, may lay a complaint to that effect with any inspector.
(2) (a) The complainant must furnish information and particulars, to the satisfaction
of the inspector, to the effect that the goods with reference to which that offence
alle@y has been or is being or is likely to be committed, prima facie are counterfeit
25
goods.
(b) For the purposes of paragraph (a), the complainant may furnish to the inspector a
specimen of the alleged counterfeit goods, or, if not reasonably possible, sufficient
information and particulars from which the essential physical and any other distinctive
features. elements and characteristics of the alleged counterfeit goods may be
ascertained. and sufficient information and particulars as to the subsistence and extent of 30
the intellectual property right, the subject matter of which allegedly has been applied to
the goods alleged to be counterfeit goods, and as to the complainant’s title to or interest
in that right. and, where the alleged counterfeit goods are calculated to infringe an
intellectual property right that subsists in respect of or has been applied to protected
goods contemplated in paragraph (u) of the definition of “protected goods” in section 35
1(11 also a specimen of the relevant protected goods.
(3) In relation to a complaint that has been laid, an inspector must take appropriate
steps in terms of and subject to section 4(1), if reasonably satisfied—
(a) that the person having laid the complaint, prima facie is a person who, in
40
terms of subsection (1), is entitled to do so; and
(b) that—
(i) the goods claimed to be protected goods, prima facie are protected
goods; and
(ii) the intellectual property right, the subject matter of which is alleged to
have been applied to the offending goods, prima facie subsists; and 45
(c) that the suspicion on which the complaint is based, appears to be reasonable
in the circumstances.
(4) The preceding provisions of this section do not preclude an inspector from taking
any appropriate steps in terms of section 4(1) on his or her own initiative in relation to
any act or conduct believed or suspected to be an act of dealing in counterfeit goods, 50
provided the requirements of that section are met.
Inspector’s powers in relation to counterfeit goods
4. (1) If. pursuant to any complaint laid with an inspector or on the strength of any
other information at his or her disposal. the inspector has reasonable -grounds to suspect
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