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No. lb324
Act SO. 37.1997
GOVERNMENT GAZETTE. I OCTOBER 1997
COUNTERFEIT GOODS ACT, 1997
to inform the suspect, by further written notice, of the person’s intention
to institute against the suspect civil proceedings founded on an act of
dealing in counterfeit goods on the part of the suspect; or
(b) in any case where the State or that person has so given further notice, if that
criminal prosecution or those civil proceedings (as the case may be) is or are 5
not instituted within 10 court days after the date of the relevant further notice;
or
(c) if the complainant in writing has instructed the inspector to release those
goods to the suspect. However, such an instruction may not be given and the
relevant seized goods may not be so released at any time after a criminal 10
prosecution involving those goods has been instituted against the suspect; or
(d) upon the order of a competent court.
(3) (a) For the purpose of effecting the release of goods in terms of subsection (1)(b)
or (2)(a), (b) or (c), the inspector who had seized those goods in terms of section 4(1)
must issue a notice to the person in charge of the counterfeit goods depot where those 15
goods are detained, directing that the relevant goods, as specified in the copy of the
inventory attached to that notice, be released to the person specified therein, and at the
same time cause a copy of that notice to be served on the suspect and on the complainant.
(b) The person in control of a counterfeit goods depot to whom a notice has been
issued in accordance with the provisions of paragraph (a), must release the relevant 20
goods in accordance with that notice, on the fourth day after the date of that notice,
unless a competent court has ordered otherwise.
Other orders that may be issued by court
10. (1) \\ithout derogating from the powers of a court in any civil or criminal
proceedings relating to counterfeit goods, such a court may order—
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(a) that the goods in question, where they have been found to be counterfeit
goods, be delivered up to the owner of the intellectual property right the
subject matter of which has been unlawfully applied to those goods, or up to
an>- complainant deriving his or her title from that owner, irrespective of the
outcome of the proceedings;
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(b) that those goods be released to any person specified in the ordeq
(c) that the complainant pays damages, in an amount determined by the coutt, to
the person from whom those goods were seized and pays that person’s costs;
(d) that the accused or the defendant or respondent (as the case may be) discloses
the source from which those goods, if found to be counterfeit goods, have 35
been obtained, as well as the identity of the persons involved or ostensibly
involved in the importation, exportation, manufacture, production or making,
and the distribution, of the counterfeit goods and in the channels of
distribution of those goods.
(~) If a COUH in any civil or criminal proceedings has ordered the delivery up to any 40
person of goods found to be counterfeit goods derived from any process of
counterfeiting contemplated in paragraph (b) or (c) of the definition of “counterfeiting”
in section l(1). then, notwithstanding the provisions of any law, those goods—
(a) ma}- not be released into the channels of commerce upon the mere removal of
the subject matter of the intellectual property right that was unlawfully applied 45
to those goods;
(b) if imported, may not be exported in an unaltered state,
unless the court. on good cause shown, has ordered otherwise.
Court may authorise search and attachment. pending institution of civil proceedings, to preseme evidence relevant to infringement of intellectual property right, 50
etc.
11. (1) The owmer of ~ intellec[ua] property right who is aware or has reasonable
grounds to believe that an act of dealing in counterfeit goods has taken or is taking place