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GOVERNMENT GAZE’ITE, 1 OCTOBER 1997
X’o. 18324
Act NO. 37, 1997
COUNTERFEIT GOODS ACT, 1997
ACT
To introduce measures aimed against the trade in counterfeit goods so as to further
protect owners of trade marks, copyright and certain marks under the Merchandue Marks Act 1941, against the unlawful application, to goods, of the subject
matter of their respective intellectual property rights and against the release of
goods of that nature (called “counterfeit goods”) into the channels of commerce;
for that purposeto prohibit certain acts in relation to counterfeit goods as well as the possession
of counterfeit goods in certain circumstances;
to create offences in that regard and prescribe penalties in relation thereto;
to confer, in certain circumstances, upon inspectors and certain members of
the South African Police Service the power, upon having obtained a warran~
or upon being otherwise authorised by or in terms of this ACG to enter
premises and there to search for, and, if found, to seize and removq counterfeit
goods or suspected counterfeit goods for detention pending the finalisation of
civil or criminal proceedings to be instituted or any other disposal thereof
authorised by or in terms of the Act;
to provide that the Commissioner for Customs and Excise and his or her statf,
upon having granted an application to that end by the owner of an intellectual
property righ~ will have the power to seize and detain counterfeit goods or
suspected counterfeit goods imported into or entering the Republic during a
particular period and calculated to infringe that intellectual property nghc
and to provide for incidental matters.
(English text signed by the President.)
(Assented to 19 September 1997.)
B
E lT ENACTED by the Parliament of the Republic of South Africa, as
follows:-
I)efinitions
1. (1) In this Act, unless inconsistent with the context—
(i) “act of dealing in counterfeit goods” means any actor conduct referred to in 5
section 2(1 ); (iii)
(ii) “apply to”, with reference to any goods, means use upon or in physical or
other relation to any goods, and, unless clearly inappropriate, includes to
embody or incorporate in any goods; (i)
(iii) “complainant” means a person who, in terms of section 3(l), is entitled to lay 10
a complaint contemplated in that section and who has laid such a complaint;
(xi)
(iv) “counterfeiting’ ‘—
(a) means, without the authority of the owner of any intellectual property
right subsisting in the Republic in respect of protected goods, the 15
manufacturing, producing or making, whether in the Republic or
elsewhere, of any goods whereby those protected goods are imitated in
such manner and to such a degree that those other goods are substantially
identical copies of the protected goods;
(b) means, without the authority of the owner of any intellectual property 20
right subsisting in the Republic in respect of protected goods, manufacturing, producing or making, or applying to goods, whether in the
Republic or elsewhere, the subject matter of that intellectual property
right, or a colorable imitation hereof so that the other goods are
calculated to be confused with or to be taken as being the protected goods 25
of the said owner or ZIIIy goods manufactured, produced or made under
his or her licence; or