Counterfeit Goods Act, 1997 (Act No. 37 of 1997)

3. Laying a complaint
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(1)Any person who has an interest in protected goods, whether as the owner or licensee of an intellectual property right in respect of the protected goods or as an importer, exporter or distributor thereof (including the duly authorised agent or representative or the attorney of any such person), who reasonably suspects that an offence referred to in section 2(2) has been or is being committed or is likely to be committed by any person, may lay a complaint to that effect with any inspector.

 

(2)

(a)The complainant must furnish information and particulars, to the satisfaction of the inspector, to the effect that the goods with reference to which that offence allegedly has been or is being or is likely to be committed, prima facie are counterfeit goods.
(b)For the purposes of paragraph (a), the complainant may furnish to the inspector a specimen of the alleged counterfeit goods, or, if not reasonably possible, sufficient information and particulars from which the essential physical and any other distinctive features, elements and characteristics of the alleged counterfeit goods may be ascertained, and sufficient information and particulars as to the subsistence and extent of the intellectual property right, the subject matter of which allegedly has been applied to the goods alleged to be counterfeit goods, and as to the complainant’s title to or interest in that right and, where the alleged counterfeit goods are calculated to infringe an intellectual property right that subsists in respect of or has been applied to protected goods contemplated in paragraph (a) of the definition of “protected goods” in section 1(1), also a specimen of the relevant protected goods.

 

(3)In relation to a complaint that has been laid, an inspector must take appropriate steps in terms of and subject to section 4(1), if reasonably satisfied—
(a)that the person having laid the complaint, prima facie is a person who, in terms of subsection (1), is entitled to do so; and
(b)that—
(i)the goods claimed to be protected goods, prima facie are protected goods; and
(ii)the intellectual property right, the subject matter of which is alleged to have been applied to the offending goods, prima facie subsists; and
(c)that the suspicion on which the complaint is based, appears to be reasonable in the circumstances.

 

(4)The preceding provisions of this section do not preclude an inspector from taking any appropriate steps in terms of section 4(1) on his or her own initiative in relation to any act or conduct believed or suspected to be an act of dealing in counterfeit goods, provided the requirements of that section are met.