(3)
10.
(d)
upon the order of a competent court.
(a)
For the purpose of effecting the release of goods in terms of
subsection (1) (b) or (2) (a), (b) or (c), the inspector who had
seized those goods in terms of section 4 (1) must issue a
notice to the person in charge of the counterfeit goods depot
where those goods are detained, directing that the relevant
goods, as specified in the copy of the inventory attached to
that notice, be released to the person specified therein, and at
the same time cause a copy of that notice to be served on the
suspect and on the complainant.
(b)
The person in control of a counterfeit goods depot to whom a
notice has been issued in accordance with the provisions of
paragraph (a), must release the relevant goods in accordance
with that notice, on the fourth day after the date of that notice,
unless a competent court has ordered otherwise.
Other orders that may be issued by court
(1)
(2)
Without derogating from the powers of a court in any civil or criminal
proceedings relating to counterfeit goods, such a court may order(a)
that the goods in question, where they have been found to be
counterfeit goods, be delivered up to the owner of the
intellectual property right the subject matter of which has been
unlawfully applied to those goods, or up to any complainant
deriving his or her title from that owner, irrespective of the
outcome of the proceedings;
(b)
that those goods be released to any person specified in the
order;
(c)
that the complainant pays damages, in an amount determined
by the court, to the person from whom those goods were
seized and pays that person's costs;
(d)
that the accused or the defendant or respondent (as the case
may be) discloses the source from which those goods, if found
to be counterfeit goods, have been obtained, as well as the
identity of the persons involved or ostensibly involved in the
importation, exportation, manufacture, production or making,
and the distribution, of the counterfeit goods and in the
channels of distribution of those goods.
If a court in any civil or criminal proceedings has ordered the delivery
up to any person of goods found to be counterfeit goods derived from
any process of counterfeiting contemplated in paragraph (b) or (c) of
the definition of 'counterfeiting' in section 1 (1), then, notwithstanding
the provisions of any law, those goods(a)
may not be released into the channels of commerce upon the
mere removal of the subject matter of the intellectual property
right that was unlawfully applied to those goods;