16
NO. 18324
GOVERNMENT GAZETTE. 1 OCTOBER 1997
Act SO. 37.1997
COUNTERFEIT GOODS ACT. 1997
goods an inspector may be assisted by the complainant (if any) or any other
knowledgeable person in identifying goods as suspected counterfeit goods.
Duties of inspector following seizure of goods
7.( l) An inspector who, in exercising his or her powers in terms of section 4( 1 ), has
seized any suspected counterfeit goods, must—
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(a) forthwith seal. clearly identify and categorise these goods and prepare, in
quadruplicate, an inventory of them and cause the person from whom those
goods were seized to check the inventory for correctness, and. if correct, cause
that person to make a certificate to that effect under his or her signature on
each original of that inventory. If the seized goods are removed in terms of 10
pmagraph (c), the inspector must endorse that fact under his or her signature
on every original of that inventory, in which case that inventory will also serve
as a receip~
(b) furnish one of the originals of the inventory to the person from whom the
goods were seized and another to the complainant (if any) within 72 hours 15
after the seizure;
(c) as soon as possible remove the goods, if transportable, to a counterfeit goods
depot for safe storage, or, if not capable of being removed or transported,
declare the goods to have been seized, and seal off or seal and lockup those
goods or place them under guard at the place where they were found, and 20
thereupon that place will be deemed to be a counterfeit goods depou and
(d) by written notice inform the following persons of the action taken by the
inspector in terms of section 4(1) and of the address of the counterfeit goods
depot where the seized goods are kept:
(i) The person from whom those goods were seized; and
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(ii) also(au) the complainant, where the inspector exercised his or her powers in
terms of section 4( 1 ) pursuant to a complaint laid in terms of section
3(l); or
(bb) any person who, in relation to those goods, qualifies in terms of 30
section 3(1 ) to be a complainant, but who had not yet so laid a
complaint at the time when the inspector exercised those powers on
his or her own initiative as contemplated in section 3(4).
(2) In any notice in terms of subsection (1)(d) that is issued—
(a) to the complainant, the complainant must be notified of his or her right by 35
virtue of section 9(1 )(a) to lay a criminal charge, not later than three days after
the date of the notice, against the person from whom those goods were seized
(hereafter called the suspect);
(b) to a person qualifying to be a complainant, as contemplated in paragraph
(d)(ii)(bb) of subsection (1), the inspector must invite that person (hereafter 40
called the prospective complainant) to lay a complaint with him or her, and lay
with the South African Police Service a criminal charge, not later than three
days after the date of the notice, against the suspect for having performed an
act of dealing in counterfeit goods that is an offence in terms of section 2(2).
(3) An inspector may demand from a complainant to disclose any information which 45
may be relevant to the action that has been taken.
(4) (a) Any person prejudiced by a seizure of goods in terms of section 4(1), may at
any time apply to the court on notice of motion for a determination that the seized goods
are not counterfeit goods and for an order that they be returned to him or her.
(b) The court may grant or refuse the relief applied for and make such order as it 50
deems just and appropriate in the circumstances, including an order as to the payment of
damages and costs, if applicable.
(c) If deemed just and appropriate in the circumstances by a court that has refused the
order sought. it may order, where those goods have been seized pursuant to a complaint
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