Counterfeit Goods Act, 1997 (Act No. 37 of 1997)19. Penalties |
| (1) | Any person convicted of an offence referred to in section 2(2), will be punishable— |
| (a) | in the case of a first conviction, with a fine, in respect of each article or item involved in the particular act of dealing in counterfeit goods to which the offence relates, that may not exceed R5 000,00 per article or item, or with imprisonment for a period that may not exceed three years, or with both such a fine and such term of imprisonment; |
| (b) | in the case of a second or any subsequent conviction, with a fine, in respect of each such article or item, that may not exceed R10 000,00 per article or item, or with imprisonment for a period that may not exceed five years, or with both such a fine and such term of imprisonment. |
| (2) | Any person convicted of an offence referred to in section 18, will be punishable with a fine or imprisonment for a period that may not exceed six months. |
(3)
| (a) | A court that has convicted a person of an offence contemplated in section 2(2) must, when considering which penalty to impose, amongst others take into account any risk to human or animal life, health or safety or danger to property (whether movable or immovable) that may arise from the presence or use of the counterfeit goods in question. |
| (b) | Without detracting from the discretion that a court in criminal proceedings has with regard to sentencing, a court that has convicted any person of an offence referred to in section 2(2) may take into account, in mitigation of sentence, any evidence to the effect that such person, fully, truthfully and to the best of his or her ability had disclosed to an inspector who acted against him or her in terms of section 4(1) or to a member of the South African Police Service who investigated that offence, all information and particulars available to that person in relation to any one or more, or all, of the following matters (whichever may have been applicable in the circumstances): |
| (i) | The source from which the counterfeit goods involved in the commission of the offence, were obtained; |
| (ii) | the identity of the persons involved in the importation, exportation, manufacture, production or making of those counterfeit goods; |
| (iii) | the identity and, if reasonably demanded, the addresses or whereabouts of the persons involved in the distribution of those goods; |
| (iv) | the channels for the distribution of those goods. |
(4)
| (a) | The Minister may from time to time by notice in the Gazette increase the amounts of the fines mentioned in paragraphs (a) and (b) of subsection (1). |
| (b) | That notice must be laid on the table in the National Assembly, for its consideration and approval, within 14 days after the date on which it is published in the Gazette, if the National Assembly is then in session, or, if it is not then in session, within 14 days of the commencement of its next session. |