(b)
and which are imported into or enter the Republic during the
period specified in the application. However, that period may
not extend beyond the last day of the period for which that
intellectual property right subsists.
(2)
For the purposes of subsection (1), the applicant may furnish to the
Commissioner a specimen of the goods that are protected goods of
the nature contemplated in paragraph (a) of the definition of 'protected
goods' in section 1 (1) (if any) and to which the subject matter of his or
her relevant intellectual property right relates, and sufficient
information and particulars as to the subsistence and extent of that
intellectual property right and as to his or her title to that right.
(3)
The Commissioner must consider and deal with an application in
terms of subsection (1) without delay, and must grant the application if
satisfied on reasonable grounds(a)
that the goods claimed to be protected goods, are prima facie
protected goods;
(b)
that the intellectual property right, the subject matter of which
relates to the protected goods, prima facie subsists; and
(c)
that the applicant prima facie is the owner of that intellectual
property right.
(4)
When an application made in terms of subsection (1) has been
granted and notice thereof given in terms of subsection (5), all goods
that are counterfeit goods of the type with reference to which that
application was made (hereafter called the stipulated goods), or
suspected on reasonable grounds to be stipulated goods, and
imported into or entering the Republic from time to time during the
period determined by the Commissioner (which may be shorter than
the period applied for), may be seized and detained by the customs
authorities in performing their functions under the Customs and Excise
Act, 1964 (Act 91 of 1964), subject to the provisions of subsections (6)
and (7) of this section.
(5)
The Commissioner, by written notice (issued within a reasonable time
after having decided the application) must notify the applicant whether
the application has been granted or refused, and-
(6)
(a)
if granted, state the period during which any stipulated goods
being imported into or entering the Republic will be made
subject to seizure and become subject to detention under
subsection (4);
(b)
if refused, state the reasons for the refusal.
For the purposes of acting under subsection (4) in relation to goods
that are stipulated goods or suspected on reasonable grounds to be
stipulated goods(a)
any member of the customs authorities will act mutatis
mutandis as if he or she were an inspector who, in connection