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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
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
Legislation Text Access Point
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 |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1997_037_000_19971001 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2001_025_000_20011030 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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