(c)
places, encloses or annexes the goods in, with or to any
covering, label, reel or other thing to which that trade
description has been applied; or
(d)
uses in connection with the goods a trade description in such
manner as to be likely to lead to the belief that the goods are
designated or described by that description.
(2)
Goods delivered in pursuance of an offer or request in which
reference is made to a trade description contained in any sign,
advertisement, invoice, wine list, business letter, business paper or
other commercial communication, shall, for the purposes of paragraph
(d) of subsection (1), be deemed to be goods in connection with which
that trade description is used.
(3)
and (4) ......
(5)
Any person who sells goods which having been used have been
reconditioned, rebuilt or remade, whether in the Republic or
elsewhere, and which bear the trade mark of the original maker or
seller of the goods, shall, unless there is applied to them in a
conspicuous manner words stating clearly that the goods have been
reconditioned, rebuilt or remade, as the case may be, be deemed to
apply a false trade description to the goods.
(6)
Any person who applies to goods any word, name, letter, figure or
mark, or arrangement or combination thereof, other than a trade mark,
as is likely to lead to the belief that the goods are the manufacture or
merchandise of some person other than the person whose
manufacture or merchandise they really are, shall be deemed to apply
a false description to the goods.
[S. 2 substituted by s. 2 of Act 38 of 1997.]
3.
Appointment of officers
Subject to the laws governing the public service, the Minister may appoint
such officers as he or she may deem necessary for carrying out the
provisions of this Act.
[S. 3 substituted by s. 3 of Act 38 of 1997.]
4.
Powers of inspectors to enter and search premises and seize certain
articles
(1)
If an inspector suspects that an offence in terms of this Act has been
committed, is being or is likely to be committed or that preparations or
arrangements for the commission of an offence in terms of this Act are
being or are likely to be made on or in any premises (in this section
referred to as the 'alleged offence'), he or she may, on the authority of
a warrant issued under subsection (3)(a)
enter the premises and search the premises or the person
referred to in the warrant or the owner or person in control of
the premises, and there make, subject to subsection (2), the
enquiries he or she considers necessary;