(1)
(2)
5.
If, pursuant to any complaint laid with an inspector or on the strength
of any other information at his or her disposal, the inspector has
reasonable grounds to suspect that an offence contemplated in
section 2 (2) has been or is being committed or is likely to be
committed, or to believe that an act of dealing in counterfeit goods has
taken or is taking place or is likely to take place, he or she has the
power, in accordance with paragraphs (a) to (f) of section 5 (1)(a)
to enter upon or enter any place, premises or vehicle in order
to inspect any relevant goods and seize any suspected
counterfeit goods, and may seize any suspected counterfeit
goods found and cause them to be detained in accordance
with this Act, and, where applicable, remove the suspected
counterfeit goods for the purposes of detention;
(b)
to collect or obtain evidence relating to the suspected
counterfeit goods or the relevant act of dealing in counterfeit
goods;
(c)
to conduct at, on or in such place, premises or vehicle
whatever search may be reasonably necessary for the
purposes of paragraph (a) or (b) (including the search of a
person); and
(d)
to take whatever steps may be reasonably necessary in order
to terminate the relevant act of dealing in counterfeit goods.
Subject to section 5 (2), the powers conferred on an inspector by
subsection (1) may be exercised only on the authority of a warrant
issued under section 6, and may be exercised wherever the
suspected act of dealing in counterfeit goods has taken or is taking
place or is likely to take place or is suspected on reasonable grounds
to have taken place or to be taking place.
Extent of Inspector's powers in relation to counterfeit goods
(1)
An inspector acting on the authority of and in accordance with a
warrant issued under section 6, may at any reasonable time(a)
enter upon or enter, and inspect, any place, premises or
vehicle at, on or in which goods that are reasonably suspected
of being counterfeit goods, are to be found or on reasonable
grounds are suspected to be or to be manufactured, produced
or made, and search such place, premises or vehicle and any
person thereat, thereon or therein, for such goods and for any
other evidence of the alleged or suspected act of dealing in
counterfeit goods. For the purposes of entering, inspecting and
searching such a vehicle, an inspector who is a police official
or who is assisted by a police official may stop the vehicle, if
necessary by force, wherever found, including on any public
road or at any other public place;
(b)
take the steps that may be reasonably necessary to terminate
the manufacturing, production or making of counterfeit goods,
or any other act of dealing in counterfeit goods being