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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Counterfeit Goods Act, No. 37 of 1997

Long title


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 Merchandise 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.

Table of contents

SECTION TITLE
1. Definitions
2. Dealing in counterfeit goods prohibited and an offence
3. Laying a complaint
4. Inspector’s powers in relation to counterfeit goods
5. Extent of Inspector’s powers in relation to counterfeit goods
6. Provisions relating to issue and execution of warrant
7. Duties of inspector following seizure of goods
8. Storage of seized goods, and access thereto
9. Seized goods to be released if criminal investigation or criminal or civil proceedings not contemplated against suspect
10. Other orders that may be issued by court
11. Court may authorise search and attachment, pending institution of civil proceedings, to preserve evidence relevant to infringement of intellectual property right, etc.
12. Provisions relating to execution of court order authorising search for counterfeit goods and evidence relevant thereto
13. Court may order unsuccessful claimant in proceedings for infringement of intellectual property right to pay compensation
14. Court may order release of attached subject goods and ancillary materials in certain circumstances
15. Customs authorities’ powers in relation to counterfeit goods being imported into Republic
16. Evidence and presumptions
17. Liability for damage or loss arising pursuant to application of Act
18. Miscellaneous offences
19. Penalties
20. Orders permissible following conviction of person of offence contemplated in section 2(2)
21. Civil or criminal liability under other laws and institution of civil or criminal proceedings thereunder not affected by this Act
22. Minister’s power to appoint or designate inspectors
23. Minister’s powers regarding counterfeit goods depots
24. Regulations
25. This Act binding on State
26. Short title and commencement
 
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Versions
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