allow the seized goods to be made available to the suspect for
testing or analysis, that decision must be conveyed in writing to
the suspect who may apply to the court for an order rescinding
the decision and allowing those goods to be made so
available.
(b)
9.
The court will grant the application if it finds the decision to be
unreasonable in the circumstances.
Seized goods to be released if criminal investigation or criminal or civil
proceedings not contemplated against suspect
(1)
(2)
(a)
Where suspected counterfeit goods have been seized by an
inspector in terms of section 4 (1), the complainant or
prospective complainant (as the case may be), if he or she
wishes to lay a criminal charge against the suspect with the
South African Police Service for having committed an offence
referred to in section 2 (2) and request that a criminal
investigation into the matter be undertaken, must do so not
later than three days after the date of the notice referred to in
section 7 (2).
(b)
If, upon the expiry of that three day period, a criminal charge
has not so been laid, the relevant seized goods must be
released to the suspect, subject to subsection (2).
Subject to subsection (3), goods seized in terms of section 4 (1), must
be released to the suspect also(a)
(i)
if the State fails within 10 working days after the date of
the notice given to the suspect in terms of paragraph
(d) (i) of section 7 (1) to inform the suspect, by further
written notice, of its intention to institute a criminal
prosecution against him or her for having committed an
offence referred to in section 2 (2); and
(ii)
if any person to whom notice has been given in terms
of paragraph (d) (ii) of section 7 (1) fails within 10
working days after the date of that notice to inform the
suspect, by further written notice, of the person's
intention to institute against the suspect civil
proceedings founded on an act of dealing in counterfeit
goods on the part of the suspect; or
(b)
in any case where the State or that person has so given further
notice, if that criminal prosecution or those civil proceedings
(as the case may be) is or are not instituted within 10 court
days after the date of the relevant further notice; or
(c)
if the complainant in writing has instructed the inspector to
release those goods to the suspect. However, such an
instruction may not be given and the relevant seized goods
may not be so released at any time after a criminal prosecution
involving those goods has been instituted against the suspect;
or