(b)
if imported, may not be exported in an unaltered state,
unless the court, on good cause shown, has ordered otherwise.
11.
Court may authorise search and attachment, pending institution of civil
proceedings, to preserve evidence relevant to infringement of
intellectual property right, etc
(1)
The owner of an intellectual property right who is aware or has
reasonable grounds to believe that an act of dealing in counterfeit
goods has taken or is taking place or is likely to take place, may,
without prejudice to any other remedy that he or she may have in law,
apply ex parte to a judge in chambers for an order(a)
directing the sheriff or another person designated by the court
(hereafter referred to as a designated person) to enter upon or
enter any specified place or premises accompanied by such
other persons as the court may specify (if any) and there to
search for, and, if found, seize and remove, such documents,
records or other material as the court may specify and any
such goods, alleged to be counterfeit goods, as may be so
specified (hereafter referred to as subject goods), that are at,
on or in such place or premises, and to attach such
documents, records, material and goods;
(b)
directing the respondent to point out to the sheriff or
designated person all subject goods and to disclose and make
available to him or her all documents and material that are
relevant in order to determine whether the subject goods in
question are counterfeit goods or are relevant to any
transactions or dealings in counterfeit goods at, on or in the
relevant place or premises or elsewhere, and to permit the
sheriff or designated person to attach such subject goods, as
well as such documents and material (hereafter jointly referred
to as ancillary materials) and remove them for detention in safe
custody;
(c)
restraining the respondent from-
(d)
(2)
(i)
interfering with the state of the subject goods or
ancillary materials during the search, seizure,
attachment or removal;
(ii)
carrying out or continuing with the act of dealing in
counterfeit goods that gave rise to the application;
granting such further or alternative relief as the court considers
appropriate.
An application in terms of subsection (1) will be heard in camera
unless the court is satisfied that the attendance of the proceedings by
members of the public or any class or group of such members will not
cause the applicant to suffer any prejudice or to be prejudiced when
seeking to protect or enforce his or her relevant intellectual property