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

7. Duties of inspector following seizure of goods
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(1)An inspector who, in exercising his or her powers in terms of section 4(1), has seized any suspected counterfeit goods, must—
(a)forthwith seal, clearly identify and categorise these goods and prepare, in quadruplicate, an inventory of them and cause the person from whom those goods were seized to check the inventory for correctness, and, if correct, cause that person to make a certificate to that effect under his or her signature on each original of that inventory. If the seized goods are removed in terms of paragraph (c), the inspector must endorse that fact under his or her signature on every original of that inventory, in which case that inventory will also serve as a receipt;
(b)furnish one of the originals of the inventory to the person from whom the goods were seized and another to the complainant (if any) within 72 hours after the seizure;
(c)as soon as possible remove the goods, if transportable, to a counterfeit goods depot for safe storage, or, if not capable of being removed or transported, declare the goods to have been seized, and seal off or seal and lock up those goods or place them under guard at the place where they were found, and thereupon that place will be deemed to be a counterfeit goods depot; and
(d)by written notice inform the following persons of the action taken by the inspector in terms of section 4(1) and of the address of the counterfeit goods depot where the seized goods are kept:
(i)The person from whom those goods were seized; and
(ii)also—
(aa)the complainant, where the inspector exercised his or her powers in terms of section 4(1) pursuant to a complaint laid in terms of section 3(1); or
(bb)any person who, in relation to those goods, qualifies in terms of section 3(1) to be a complainant, but who had not yet so laid a complaint at the time when the inspector exercised those powers on his or her own initiative as contemplated in section 3(4).

 

(2)In any notice in terms of subsection (1)(d) that is issued—
(a)to the complainant, the complainant must be notified of his or her right by virtue of section 9(1)(a) to lay a criminal charge, not later than three days after the date of the notice, against the person from whom those goods were seized (hereafter called the suspect);
(b)to a person qualifying to be a complainant, as contemplated in paragraph (d)(ii)(bb) of subsection (1), the inspector must invite that person (hereafter called the prospective complainant) to lay a complaint with him or her, and lay with the South African Police Service a criminal charge, not later than three days after the date of the notice, against the suspect for having performed an act of dealing in counterfeit goods that is an offence in terms of section 2(2).

 

(3)An inspector may demand from a complainant to disclose any information which may be relevant to the action that has been taken.

 

(4)        

(a)Any person prejudiced by a seizure of goods in terms of section 4(1), may at any time apply to the court on notice of motion for a determination that the seized goods are not counterfeit goods and for an order that they be returned to him or her.
(b)The court may grant or refuse the relief applied for and make such order as it deems just and appropriate in the circumstances, including an order as to the payment of damages and costs, if applicable.
(c)If deemed just and appropriate in the circumstances by a court that has refused the order sought, it may order, where those goods have been seized pursuant to a complaint laid in terms of section 3(1), that the complainant furnishes security to the applicant in respect of those goods in an amount and manner determined by the court.