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

4. Inspector's powers in relation to counterfeit goods
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(1)If, pursuant to any complaint laid with an inspector or on the strength of any other information at his or her disposal, the inspector has reasonable grounds to suspect that an offence contemplated in section 2(2) has been or is being committed or is likely to be committed, or to believe that an act of dealing in counterfeit goods has taken or is taking place or is likely to take place, he or she has the power, in accordance with paragraphs (a) to (f) of section 5(1)—
(a)to enter upon or enter any place, premises or vehicle in order to inspect any relevant goods and seize any suspected counterfeit goods, and may seize any suspected counterfeit goods found and cause them to be detained in accordance with this Act, and, where applicable, remove the suspected counterfeit goods for the purposes of detention;
(b)to collect or obtain evidence relating to the suspected counterfeit goods or the relevant act of dealing in counterfeit goods;
(c)to conduct at, on or in such place, premises or vehicle whatever search may be reasonably necessary for the purposes of paragraph (a) or (b) (including the search of a person); and
(d)to take whatever steps may be reasonably necessary in order to terminate the relevant act of dealing in counterfeit goods.

 

(2)Subject to section 5(2), the powers conferred on an inspector by subsection (1) may be exercised only on the authority of a warrant issued under section 6, and may be exercised wherever the suspected act of dealing in counterfeit goods has taken or is taking place or is likely to take place or is suspected on reasonable grounds to have taken place or to be taking place.