section 4 (1), may at any time apply to the court on notice of
motion for a determination that the seized goods are not
counterfeit goods and for an order that they be returned to him
or her.
8
(b)
The court may grant or refuse the relief applied for and make
such order as it deems just and appropriate in the
circumstances, including an order as to the payment of
damages and costs, if applicable.
(c)
If deemed just and appropriate in the circumstances by a court
that has refused the order sought, it may order, where those
goods have been seized pursuant to a complaint laid in terms
of section 3 (1), that the complainant furnishes security to the
applicant in respect of those goods in an amount and manner
determined by the court.
Storage of seized goods, and access thereto
(1)
Goods that have been seized in terms of section 4 (1) must be stored
and kept in safe custody at a counterfeit goods depot until the person
in charge of the depot(a)
is ordered by a competent court in terms of this Act to return,
release, destroy or otherwise dispose of those goods as
specified in the order; or
(b)
is directed by the inspector concerned, in the circumstances
provided for in subsection (1) (b) or (2) (a), (b) or (c) of section
9, to release those goods to the suspect.
(2)
Goods seized in terms of section 4 (1) will be available for inspection
by the complainant, or, as the case may be, prospective complainant
(if any), the suspect and any other interested person at the counterfeit
goods depot on any working day during normal office hours.
(3)
The person in charge of the counterfeit goods depot, on the request of
the complainant or prospective complainant (as the case may be) or
the suspect, must make the relevant seized goods available for testing
or analysis by or on behalf of any such complainant or the suspect if
the person so in charge, having taken into account the nature of such
seized goods, the nature of the tests or analyses to be conducted, and
the competence and suitability of the person by whom the tests or
analyses are to be conducted, is satisfied that a request in that regard
is reasonable.
(4)
The person in charge of a counterfeit goods depot who is not willing to
allow seized goods under his or her custody to be made available to
the suspect for testing or analysis by any person or by a particular
person, must forthwith refer the matter to the complainant or
prospective complainant (as the case may be) who must either
confirm or reverse that decision within 48 hours.
(5)
(a)
Where any such complainant has confirmed the decision not to