2.
to any place or premises, must be construed as a reference
also to any freight container, irrespective of its size, at, on or in
the place or premises;
(b)
to any vehicle, must be construed as a reference also to such
a freight container on or in the vehicle.
Dealing in counterfeit goods prohibited and an offence
(1)
(2)
3.
(a)
Goods that are counterfeit goods, may not(a)
be in the possession or under the control of any person in the
course of business for the purpose of dealing in those goods;
(b)
be manufactured, produced or made except for the private and
domestic use of the person by whom the goods were
manufactured, produced or made;
(c)
be sold, hired out, bartered or exchanged, or be offered or
exposed for sale hiring out, barter or exchange;
(d)
be exhibited in public for purposes of trade;
(e)
be distributed(i)
for purposes of trade; or
(ii)
for any other purpose to such an extent that the owner
of an intellectual property right in respect of any
particular protected goods suffers prejudice;
(f)
be imported into or through or exported from or through the
Republic except if so imported or exported for the private and
domestic use of the importer or exporter, respectively;
(g)
in any other manner be disposed of in the course of trade.
A person who performs or engages in any act or conduct prohibited by
subsection (1), will be guilty of an offence if(a)
at the time of the act or conduct, the person knew or had
reason to suspect that the goods to which the act or conduct
relates, were counterfeit goods; or
(b)
the person failed to take all reasonable steps in order to avoid
any act or conduct of the nature contemplated in subsection
(1) from being performed or engaged in with reference to the
counterfeit goods.
Laying a complaint
(1)
Any person who has an interest in protected goods, whether as the
owner or licensee of an intellectual property right in respect of the
protected goods or as an importer, exporter or distributor thereof
(including the duly authorised agent or representative or the attorney