'counterfeiting'(a)
means, without the authority of the owner of any intellectual
property right subsisting in the Republic in respect of protected
goods, the manufacturing, producing or making, whether in the
Republic or elsewhere, of any goods whereby those protected
goods are imitated in such manner and to such a degree that
those other goods are substantially identical copies of the
protected goods;
(b)
means, without the authority of the owner of any intellectual
property right subsisting in the Republic in respect of protected
goods, manufacturing, producing or making, or applying to
goods, whether in the Republic or elsewhere, the subject
matter of that intellectual property right, or a colourable
imitation thereof so that the other goods are calculated to be
confused with or to be taken as being the protected goods of
the said owner or any goods manufactured, produced or made
under his or her licence; or
(c)
where, by a notice under section 15 of the Merchandise Marks
Act, 1941 (Act 17 of 1941), the use of a particular mark in
relation to goods, except such use by a person specified in the
notice, has been prohibited, means, without the authority of the
specified person, making or applying that mark to goods,
whether in the Republic or elsewhere.
However, the relevant act of counterfeiting must also have infringed
the intellectual property right in question;
'counterfeit goods' means goods that are the result of counterfeiting,
and includes any means used for purposes of counterfeiting;
'counterfeit goods depot' means a place designated under section
23 to be a counterfeit goods depot, and includes any place deemed by
section 7 (1) (c) to be a counterfeit goods depot;
'document' includes a tape recording, a photograph and any
electronic or magnetic or other medium on, in, or by means or by way
of which, images, sound, data or information may be stored, and
'documentary' will be construed accordingly;
'exporter' includes any person who, at the relevant time(a)
is the owner or is in control or possession of any goods
exported or to be exported from the Republic;
(b)
carries the risk for any goods so exported or to be so exported;
(c)
represents that or acts as if he or she is the exporter or owner
of any goods so exported or to be so exported;
(d)
actually takes or attempts to take any goods from the Republic;