(1)
Subject to section 10, the court having convicted a person of an
offence contemplated in section 2 (2) may declare the counterfeit
goods in question to be forfeited to the State or order that those goods
and their packaging, and, where applicable, any tools that were used
by or on behalf of the convicted person for the manufacturing,
production or making of those or any other counterfeit goods or for the
unlawful application to goods of the subject matter of any intellectual
property right, be destroyed.
(2)
Any person who submits any counterfeit goods purchased by him or
her (hereafter called the aggrieved person), to an inspector, together
with proof of the price that was paid for those goods, will be entitled to
receive payment of a sum of money equivalent to three times the
amount of that price, in the following circumstances:
(3)
21.
(a)
The person who had sold those counterfeit goods must have
been convicted of an offence referred to in section 2 (2)
founded on the sale of those goods. Alternatively, an order,
against the seller, must have been made in terms of section 10
(1) (a) directing that those goods be delivered up to the owner
of the intellectual property right, the subject matter of which
was unlawfully applied to those goods, or up to a complainant
deriving his or her title from that owner.
(b)
The aggrieved person must have co-operated fully in the
prosecution of the seller for that offence.
(c)
When the court having so convicted the seller of those goods
or having made an order in terms of section 10 (1) (a), has
also issued an order awarding that 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.
The provisions of subsection (2) will apply and be applied, mutatis
mutandis, in relation to and for the benefit of any person who,
otherwise than by way of a transaction of purchase and sale, has
acquired, in consideration for value given by him or her, goods that
are counterfeit goods.
Civil or criminal liability under other laws and institution of civil or
criminal proceedings thereunder not affected by this Act
Subject to the Constitution of the Republic of South Africa, 1996 (Act 108 of
1996), and the Criminal Procedure Act, 1977 (Act 51 of 1977), the provisions
of this Act do 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 or from the capacity or competence in terms of any law to
institute civil or criminal proceedings in respect of such infringement.
[S. 21 substituted by s. 3 of Act 25 of 2001.]
22.
Minister's power to appoint or designate inspectors