2-I
NO. 18324
.Act SO. 37.1997
GOVERNMENT GAZETTE. I OCTOBER 1997
COUNTERFEIT GOODS .4CT. 1997
of the rule nisi) why an interdict restraining the respondent from infringing the
appljcant’s intellectual property right and any order granting the applicant
further relief, including an order directing the delivery of the subject goods up
to the applicant, should not be granted or confirmed,
(e) order that the applicant, should he or she wish to institute proceedings against 5
the respondent for the infringement of the applicant’s intellectual property
right, must do so not later than the date specified in the order.
(6) If the court has not made an order in terms of subsection (5)(e). an applicant who
wishes to institute the proceedings contemplated in that subsection must do so within 20
court days of the date of the order made in terms of subsection (4) and whereby his or 10
her application was granted.
Provisions relating to execution of court order authorizing search for counterfeit
goods and evidence relevant thereto
12. (1) When the court in terms of section 11(4) has issued an order authorizing a
search of any place or premises, the respondent will be entitled to have his or her
attorney present during the search and further execution of the order a~ on or in such
place or premises, if the presence of that attorney can be secured with due speed after the
sheriff or designated person has arrived at the place or premises with a view to
conducting that search and further executing that order.
(2) The sheriff or designated person, for the purpose of conducting the search, must be
accompanied by the applicant’s attorney who, after service, at the place or premises
where the search is to be conducted, of a copy of the application and order on the
respondent, or, if the respondent is not present, on a responsible person ostensibly in
control of such place or premises, must explain the terms of the order to the respondent
or that person and inform him or her that the respondent is entitled to have his or her
attorney present during the execution of the order provided the presence of the
respondent’s attorney is secured with due speed.
(3) The sheriff or designated person conducting the search, must—
(a) prepare an inventory of the subject goods and ancillary materials attached by
him or heron the authority of an order in terms of section 11 (4) and furnish a
copy of the inventory to the applicant and to the respondent;
/b) allow the parties to peruse the ancillary materials that have been so attached
and to make copies thereof or excerpts therefrom; and
fc) allow the parties to inspect the subject goods and to have those goods tested or
analysed on their behalf.
(4) When a search authorised by an order in terms of section 11(4) has been
completed. the applicant’s attorney must, without delay—
“(a) make a ~tatement under ~ath or affirmation in which he or she reports fully on
the conducting of the search and on any other steps taken by him or her in
relation to or pursuant to the search with a view to complying with the
requirements of that order or an order in terms of section 11(5) and the
requirements imposed by this section, and, where any subject goods or
ancillary materials have been attached on the authority of an order in terms of
section 11(4), annex to that statement a copy of the inventoxy prepared in
relation to the relevant subject goods and ancillary materials in compliance
with subsection (3) of this section;
(b) cause the original of that statement, together with its annex. to be filed in the
office of the r&istrar of the coufi in que~tion and cause a certified copy thereof
to be served on the respondent.
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Court may order unsuccessful claimant in proceedings for infringement of 50
intellectual property right to pay compensation
13. (1) Where in any proceedings the claim of a person (hereafter called the erstwhile
applicant) in respect of an infringement of his or her intellectual property right is
dismissed the court may order the erstwhile applicant to pay appropriate compensation