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

9. Seized goods to be released if criminal investigation or criminal or civil proceedings not contemplated against suspect
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(1)

(a)Where suspected counterfeit goods have been seized by an inspector in terms of section 4(1), the complainant or prospective complainant (as the case may be), if he or she wishes to lay a criminal charge against the suspect with the South African Police Service for having committed an offence referred to in section 2(2) and request that a criminal investigation into the matter be undertaken, must do so not later than three days after the date of the notice referred to in section 7(2).
(b)If, upon the expiry of that three day period, a criminal charge has not so been laid, the relevant seized goods must be released to the suspect, subject to subsection (2).

 

(2)Subject to subsection (3), goods seized in terms of section 4(1), must be released to the suspect also—

(a)

(i)if the State fails within 10 working days after the date of the notice given to the suspect in terms of paragraph (d)(i) of section 7(1) to inform the suspect, by further written notice, of its intention to institute a criminal prosecution against him or her for having committed an offence referred to in section 2(2); and
(ii)if any person to whom notice has been given in terms of paragraph (d)(ii) of section 7(1) fails within 10 working days after the date of that notice to inform the suspect, by further written notice, of the person’s intention to institute against the suspect civil proceedings founded on an act of dealing in counterfeit goods on the part of the suspect; or
(b)in any case where the State or that person has so given further notice, if that criminal prosecution or those civil proceedings (as the case may be) is or are not instituted within 10 court days after the date of the relevant further notice; or
(c)if the complainant in writing has instructed the inspector to release those goods to the suspect. However, such an instruction may not be given and the relevant seized goods may not be so released at any time after a criminal prosecution involving those goods has been instituted against the suspect; or
(d)upon the order of a competent court.

 

(3)

(a)For the purpose of effecting the release of goods in terms of subsection (1)(b) or (2)(a), (b) or (c), the inspector who had seized those goods in terms of section 4(1) must issue a notice to the person in charge of the counterfeit goods depot where those goods are detained, directing that the relevant goods, as specified in the copy of the inventory attached to that notice, be released to the person specified therein, and at the same time cause a copy of that notice to be served on the suspect and on the complainant.
(b)The person in control of a counterfeit goods depot to whom a notice has been issued in accordance with the provisions of paragraph (a), must release the relevant goods in accordance with that notice, on the fourth day after the date of that notice, unless a competent court has ordered otherwise.