(c)
to be the exclusive right to use a particular mark, conferred by
a notice issued under section 15 of the Merchandise Marks
Act, 1941, may be proved by producing to the court a copy of
the Gazette in which that notice was published, accompanied
by a statement under oath or affirmation made by the Minister
or any officer in the Department of Trade and Industry
designated by the Minister, which is to the effect that such
notice has not been withdrawn or amended in its essence.
However, the provisions of this subsection will not be construed so as to
detract from the power of the court, in relation to any such matter or any
aspect thereof-
(6)
17.
(i)
to require oral evidence to be given;
(ii)
in the case of a High Court, to order that the evidence
of a person who resides or is for the time being outside
the area of jurisdiction of that Court, be taken by means
of interrogatories.
Where any person who conducts business in protected goods
featuring, bearing, incorporating or embodying the subject matter of a
particular intellectual property right is proved to have been found in
possession of suspected counterfeit goods to which the subject matter
of the same intellectual property right has been applied(a)
it will, in any civil proceedings concerning an act of dealing in
counterfeit goods founded on that person's possession of the
suspected counterfeit goods, be presumed, until the contrary is
proved, that such person was in possession of the latter goods
for the purpose of dealing therein if the quantity of those goods
is more than that which, in the circumstances, reasonably may
be required for his or her private and domestic use;
(b)
the same presumption will, in any criminal proceedings arising
from that person's possession of the suspected counterfeit
goods, apply mutatis mutandis unless credible evidence in
rebuttal of the fact presumed, is tendered.
Liability for damage or loss arising pursuant to application of Act
(1)
Any person suffering damage or loss caused by the wrongful seizure,
removal or detention of goods alleged to be counterfeit goods, or by
any action contemplated in section 7 (1) (a), (b) or (c) or (2) wrongfully
taken by an inspector with reliance on that section read with section 4
(1), or caused during or pursuant to the seizure, removal or detention
of such goods in terms of this Act, will be entitled to claim
compensation for that damage or loss which claim, subject to
subsection (2), will be against the complainant and not against the
State, the inspector or the person in charge of the counterfeit goods
depot where those goods are or were detained.
(2)
The State or such inspector or the person in charge of the relevant
counterfeit goods depot, as the case may be, will be liable in respect
of a claim contemplated in subsection (1) only if-