Counterfeit Goods Act, 1997 (Act No. 37 of 1997)13. Court may order unsuccessful claimant in proceedings for infringement of intellectual property right to pay compensation |
| (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 to the erstwhile respondent for any injury or prejudice caused to or suffered by him or her in consequence of any measures and steps taken in terms of section 11 or 12 on the authority of an order contemplated in section 11. |
| (2) | For the purposes of subsection (1) and section 14— |
| (a) | "erstwhile applicant" means the owner of an intellectual property right who was the successful applicant in any ex parte application brought in terms of section 11(1); and |
| (b) | "erstwhile respondent" means the person against or in relation to whom relief was sought pursuant to that application. |