4
Act
No.
SO.
1s.??4
37.1997
(v)
(vi)
(vii)
(viii)
(ix)
(x)
{xi)
GOVERNMENT GAZETTE. 1 OCTOBER 1997
COUNTERFEIT GOODS ACT. 1997
(c) where, by a notice under section 15 of the Merchandise Marks Act, 1941
(Act No. 17 of 1941), the use of a particular mark in relation to goods,
except such use by a person specified in the notice, has been prohibited,
means, without the authority of the specified person, making or applying
5
that mark to goods, whether in the Republic or elsewhere.
However, the relevant act of counterfeiting must also have infringed the
intellectual property right in question; (xv)
“counterfeit goods” means goods that are the result of counterfeiting, and
includes any means used for purposes of counterfeiting; (xiii)
“counterfeit goods depot” means a place designated under section 23 to be a 10
counterfeit goods depot, and includes any place deemed by section 7(1)(c) to
be a counterfeit goods depot; (xiv)
“document” includes a tape recording, a photograph and any electronic or
magnetic or other medium on, in, or by means or by way of which, images,
sound, data or information may be stored, and “documentary” will be 15
construed accordingly; (iv)
“exporter” includes any person who, at the relevant time—
(a) is the owner or is in control or possession of any goods exported or to be
exported from the Republic;
20
(b) carries the risk for any goods so exported or to be so exported;’
(c) represents that or acts as if he or she is the exporter or owner of any goods
so exported or to be so exported;
(d) actually” takes or attempts to take any goods from the Republic;
(e) has a beneficial interest, in any manner or of any nature whatsoever, in
25
any goods so exported or to be so expotied;
(/l acts on behalf of any -person referred to in paragraph (a), (b), (c), (d) or
(e) of this definition,
and. in relation to imported goods destined for exportation from the Republic,
includes the manufacturer, producer, maker, supplier or shipper of those goods
or any person inside or outside the Republic representing or acting on behalf 30
of such a manufacturer, producer, maker, supplier or shipper. “Export” and
“exportation” will be construed in accordance with the preceding provisions
of this definition; (xvii)
“imDorter” incIudes anv Derson who. at the relevant time—
(a) ‘is the owner or is ii ~ontrol or p&session of any
.-goods imported or to be 35
imported into the Republic; ‘
(b) carries the risk for any goods so imported or to be so imported;
(c) represents that or acts as if he or she is the importer or owner of any
goods so imported or to be so imported;
(d) actually brings or attempts to bring any goods into the Republic;
40
(e) has a beneficial interest, in any manner or of any nature whatsoever, in
any goods so imported or to be so imported;
referred to in paragraph (a). (b), (c), (d) or
m acts on behalf of any person
(e) of this definition-, 45
and ‘-import” and “importation” will be construed accordingly; (x)
“’inspector” means any person who under or by virtue of section 22 has been
appointed as or designated to be an inspector for the purposes of this Act, as
well as—
(a) any police official as defined in section 1(1) of the Criminal Procedure
Act, 1977 (Act No. 51 of 1977). holding the rank of sergeant or a higher 50
rank;
(b) the Commissioner for Customs and Excise and any official contemplated
in section 15(9), in performing their functions in the circumstances
contemplated in section 15(4); (viii)
55
“intellectual property nght”(a) means the ri-ghts in ~espect of a trade mark conferred by the Trade Marks
Ac~ 1993 (Act No. 194 of 1993);
(b) means the copyright in any work in terms of the Copyright Act, 1978
(Act No. 98 of 1978);
(c) in the case where, by a notice issued under section 15 of the Merchandise 60
Marks Act 1941 , the use of a p~icu]ar mark in relation to goods, except
such use by a person specified in the notice, has been prohibited, means
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