Merchandise Marks Act, 1941 (Act No. 17 of 1941)8. Sale of imported goods bearing name or make of South African manufacturer or trader, unaccompanied by indication of origin |
| (1) | Any person who sells or, for the purpose of advertising goods, distributes in the Republic any goods which were not made or produced in the Republic, and to which there is applied any name or mark being or purporting to be the name or mark of any manufacturer, producer or trader in the Republic or the name of any place or district in the Republic, shall be guilty of an offence, unless there is added to that name or mark, in a conspicuous manner, the name of the country in which the goods were made or produced, with a statement that they were made or produced there. |
| (2) | This section shall not have effect in respect of the application of a name or mark to articles used or to be used for any of the following purposes, that is to say, as coverings, labels, reels, or otherwise as articles in or with which goods manufactured or produced in the Republic are or are to be sold, if the name or mark so applied is the name or mark of a manufacturer, producer of or trader in those goods in the Republic, and the name or mark was applied with the consent of the manufacturer, producer or trader. |
[Sub-section (2) substituted by section 4 of Act 50 of 2001.]
[Section 8 amended by sub-section 8 and 18 of Act 38 of 1997.]