of any such person), who reasonably suspects that an offence
referred to in section 2 (2) has been or is being committed or is likely
to be committed by any person, may lay a complaint to that effect with
any inspector.
(2)
(3)
(a)
The complainant must furnish information and particulars, to
the satisfaction of the inspector, to the effect that the goods
with reference to which that offence allegedly has been or is
being or is likely to be committed, prima facie are counterfeit
goods.
(b)
For the purposes of paragraph (a), the complainant may
furnish to the inspector a specimen of the alleged counterfeit
goods, or, if not reasonably possible, sufficient information and
particulars from which the essential physical and any other
distinctive features, elements and characteristics of the alleged
counterfeit goods may be ascertained, and sufficient
information and particulars as to the subsistence and extent of
the intellectual property right, the subject matter of which
allegedly has been applied to the goods alleged to be
counterfeit goods, and as to the complainant's title to or
interest in that right, and, where the alleged counterfeit goods
are calculated to infringe an intellectual property right that
subsists in respect of or has been applied to protected goods
contemplated in paragraph (a) of the definition of 'protected
goods' in section 1 (1), also a specimen of the relevant
protected goods.
In relation to a complaint that has been laid, an inspector must take
appropriate steps in terms of and subject to section 4 (1), if reasonably
satisfied(a)
that the person having laid the complaint, prima facie is a
person who, in terms of subsection (1), is entitled to do so; and
(b)
that-
(c)
(4)
4.
(i)
the goods claimed to be protected goods, prima facie
are protected goods; and
(ii)
the intellectual property right, the subject matter of
which is alleged to have been applied to the offending
goods, prima facie subsists; and
that the suspicion on which the complaint is based, appears to
be reasonable in the circumstances.
The preceding provisions of this section do not preclude an inspector
from taking any appropriate steps in terms of section 4 (1) on his or
her own initiative in relation to any act or conduct believed or
suspected to be an act of dealing in counterfeit goods, provided the
requirements of that section are met.
Inspector's powers in relation to counterfeit goods