(6)
12.
If the court has not made an order in terms of subsection (5) (e), an
applicant who wishes to institute the proceedings contemplated in that
subsection must do so within 20 court days of the date of the order
made in terms of subsection (4) and whereby his or her application
was granted.
Provisions relating to execution of court order authorising search for
counterfeit goods and evidence relevant thereto
(1)
When the court in terms of section 11 (4) has issued an order
authorising a search of any place or premises, the respondent will be
entitled to have his or her attorney present during the search and
further execution of the order at, on or in such place or premises, if the
presence of that attorney can be secured with due speed after the
sheriff or designated person has arrived at the place or premises with
a view to conducting that search and further executing that order.
(2)
The sheriff or designated person, for the purpose of conducting the
search, must be accompanied by the applicant's attorney who, after
service, at the place or premises where the search is to be conducted,
of a copy of the application and order on the respondent, or, if the
respondent is not present, on a responsible person ostensibly in
control of such place or premises, must explain the terms of the order
to the respondent or that person and inform him or her that the
respondent is entitled to have his or her attorney present during the
execution of the order provided the presence of the respondent's
attorney is secured with due speed.
(3)
The sheriff or designated person conducting the search, must-
(4)
(a)
prepare an inventory of the subject goods and ancillary
materials attached by him or her on the authority of an order in
terms of section 11 (4) and furnish a copy of the inventory to
the applicant and to the respondent;
(b)
allow the parties to peruse the ancillary materials that have
been so attached and to make copies thereof or excerpts
therefrom; and
(c)
allow the parties to inspect the subject goods and to have
those goods tested or analysed on their behalf.
When a search authorised by an order in terms of section 11 (4) has
been completed, the applicant's attorney must, without delay(a)
make a statement under oath or affirmation in which he or she
reports fully on the conducting of the search and on any other
steps taken by him or her in relation to or pursuant to the
search with a view to complying with the requirements of that
order or an order in terms of section 11 (5) and the
requirements imposed by this section, and, where any subject
goods or ancillary materials have been attached on the
authority of an order in terms of section 11 (4), annex to that
statement a copy of the inventory prepared in relation to the