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Act >-0.37.1997
GOVERNMENT G.4ZETTE, 1 OCTOBER 1997
COUNTERFEIT GOODS ACT. 1997
laid in terms of section 3(1), that the complainant furnishes security to the applicant in
respect of those goods in an amount and manner determined by the court.
Storage of seized goods, and access thereto
8. (1) Goods that have been seized in terms of section 4( 1 ) must be stored and kept in
safe custody at a counterfeit goods depot until the person in charge of the depot—
(a) is ordered by a competent court in terms of this Act to return. release, destroy
or otherwise dispose of those goods as specified in the orde~ or
(b) is directed by the inspector concerned, in the circumstances provided for in
subsection (1)(b) or (2)(u), (b) or (c) of section 9, to release those goods to the
suspect.
(2) Goods seized in terms of section 4(1) will be available for inspection by the
complainant, or, as the case may be, prospective complainant (if any). the suspect and
any other interested person at the counterfeit goods depot on any working day during
normal office hours.
(3) The person in charge of the counterfeit goods depot, on the request of the
complainant or prospective complainant (as the case may be) or the suspect, must make
the relevant seized goods available for testing or analysis by or on behalf of any such
complainant or the suspect if the person so in charge, having taken into account the
nature of such seized goods, the nature of the tests or analyses to be conducted. and the
competence and suitability of the person by whom the tests or analyses are to be
conducted. is satisfied that a request in that regard is reasonable.
(4) The person in charge of a counterfeit goods depot who is not willing to allow
seized goods under his or her custody to be made available to the suspect for testing or
analysis by any person or by a particular person, must forthwith refer the matter to the
complainant or prospective complainant (as the case may be) who must either confirm
or reverse that decision within 48 hours.
(5) (a) W%ere any such complainant has confirmed the decision not to allow the seized
goods to be made available to the suspect for testing or analysis, that decision must be
con~’eyed in writing to the suspect who may apply to the court for an order rescinding
the decision and allowing those goods to be made so available.
(b) The court will grant the application if it finds the decision to be unreasonable in the
circumstances.
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Seized goods to be released if criminal investigation or criminal or ci}-il proceedings
not contemplated against suspect
9. (1) (a) Where suspected counterfeit goods have been seized by an inspector in
terms of section 4( 1 ), the complainant or prospective complainant (as the case may be),
if he or she wishes to lay a criminal charge against the suspect with the South African
Police Semite for having committed an offence referred to in section X2) and request
that a criminal investigation into the matter be undertaken, must do so not later than
three days after the date of the notice referred to in section 7(2).
(b) If. upon the expiry of that three day period. a criminal charge has not so been laid,
the relevant seized goods must be released to the suspect. subject to subsection (2).
(2) Subject to subsection (3). goods seized in terms of section 4( 1 ). must be released
to the suspect also(a) (i) if the State fails within 10 working days after the date of the notice given
to the suspect in terms of paragraph (d)(i) of section 7(1) to inform the
suspect. by further written notice. of its intention to institute a criminal
prosecution against him or her for having committed an offence referred
to in section 2(2); and
(iii if any person to whom notice has been given in terms of paragraph (d)(ii)
of section 7(1) fails within 10 working days after the date of that notice
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