36
Act
so.
NO.
1s324
GOVERNMENT GAZETTE. I OCTOBER 1997
37.1997
COUNTERFEIT GOODS ACT, 1997
sum of money to the aggrieved person and directing the seller to pay that
award. However, the court must make the latter order if satisfied that the
requirements of paragraphs (a) and (b) have been met.
(3) The provisions of subsection (2) will apply and be applied, mururis mutandis, in
relation to and for the benefit of any person who, otherwise than by way of a transaction 5
of purchase and sale, has acquired, in consideration for value given by him or her, goods
that are counterfeit goods.
Civil or crisninal liability under other laws and institution of civil or criminal
proceedings thereunder not affected by this Act
21. Subject to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 10
1996), and the Criminal Procedure Act, 1977, the provisions of this Act will not detract
from a person’s civil or criminal liability, in terms of any other law, on account of his or
her infringement of any intellectual property right and from the capacity or competence
in terms of any law to institute civil or criminal proceedings in respect of such
infringement.
15
Minister’s power to appoint or designate inspectors
22. (I) ne Minister
purposes of this Act.
may appoint any fit and proper person as an inspector for the
(2) (a) The Minister, by notice in the Gazette, may designate any specified class or
20
category of persons to be inspectors for the purposes of this Act.
(b) The Minister, in a like manner, may amend or withdraw such a notice at any time.
(3) The Minister or any official acting under the authority of the Minister, must issue
to each of the inspectors contemplated in this section a certificate in the prescribed form
stating that the person in whose name it has been issued has been appointed or
25
designated an inspector (as the case may be) in terms of or by virtue of this Act.
Minister’s powers regarding counterfeit goods depots
23. (1) The Minister, by notice in the Gazette, may from time to time designate any
place defined in the notice to be a counterfeit goods depot for the purposes of this Act,
and may in a like manner amend or withdraw such a notice at any time.
(~) The hfifister must in respect of a counterfeit goods depot appoint any fit and 3 0
proper person as the person in charge of the counterfeit goods depot.
Regulations
24. The Minister may make regulations not inconsistent with the provisions of this
Act—
(a) in relation to any matter which, in terms of this Act, may or must be 35
prescribed;
(b) prescribing any inventory to be prepared or made in terms of this Act;
(c) that may be necessary or expedient for the proper and effective control,
management and administration of a counterfeit goods depot and the proper
40
care of the goods detained therein;
(d) in relation to the manner or form in which any application (other than any
application to a court of law) is to made in terms of this Act, and may prescribe
forms for that purpose; and
(e) in relation to any other administrative or procedural matters that may be
necessary or expedient for the proper and effective administration of this Act. 45
This Act binding on State
25. This Act binds the State.