Counterfeit Goods Act, 1997 (Act No. 37 of 1997)2. Dealing in counterfeit goods prohibited and an offence |
| (1) | Goods that are counterfeit goods may not— |
| (a) | be in the possession or under the control of any person in the course of business for the purpose of dealing in those goods; |
| (b) | be manufactured, produced or made except for the private and domestic use of the person by whom the goods were manufactured, produced or made; |
| (c) | be sold, hired out, bartered or exchanged, or be offered or exposed for sale hiring out, barter or exchange; |
| (d) | be exhibited in public for purposes of trade; |
| (e) | be distributed— |
| (i) | for purposes of trade; or |
| (ii) | for any other purpose to such an extent that the owner of an intellectual property right in respect of any particular protected goods suffers prejudice; |
| (f) | be imported into or through or exported from or through the Republic except if so imported or exported for the private and domestic use of the importer or exporter, respectively; |
| (g) | in any other manner be disposed of in the course of trade. |
| (2) | A person who performs or engages in any act or conduct prohibited by subsection (1), will be guilty of an offence if— |
| (a) | at the time of the act or conduct, the person knew or had reason to suspect that the goods to which the act or conduct relates, were counterfeit goods; or |
| (b) | the person failed to take all reasonable steps in order to avoid any act or conduct of the nature contemplated in subsection (1) from being performed or engaged in with reference to the counterfeit goods. |