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South Africa Act or statute

Parliament of the Republic of South Africa

Counterfeit Goods Amendment Act, 2001

This section amends the definition of "intellectual property right" to refer to trade mark rights under the Trade Marks Act, 1993, including rights mentioned in section 35. This provision amends s…

amendmentdefinitionsenforcementjudicial confirmationliabilityproceedingsregulatory inspectionsseized goods
Jurisdiction
South Africa
Structure
5 provisions
Citation
Act 25 of 2001
Dates
updated 24 Oct 2001
More statute details
Dates
updated 24 Oct 2001

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Official source

01

Purpose and legislative effect

“This section amends the definition of "intellectual property right" to refer to trade mark rights under the Trade Marks Act, 1993, including rights mentioned in section 35.”

This section amends the definition of "intellectual property right" to refer to trade mark rights under the Trade Marks Act, 1993, including rights mentioned in section 35. This provision amends section 5 to require a prompt court application for confirmation of certain inspector acts, and if confirmation is refused the inspector must return seized goods and repair any damage caused. This section says the Act does not affect civil or criminal liability under other laws, or the institution of civil or criminal proceedings under those laws. This section says the Act does not remove a person’s civil or criminal liability for infringing an intellectual property right, or the ability to start civil or criminal proceedings about that infringement, subject to the Constitution and the Criminal Procedure Act. This section states the Act’s short title: the Counterfeit Goods Amendment Act, 2001.

02

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  1. 01

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03

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Section 5 of the principal Act is hereby amended by-

This provision amends section 5 to require a prompt court application for confirmation of certain inspector acts, and if confirmation is refused the inspector must return seized goods and repair any damage caused.

Section 2

Subject to the Constitution of the Republic of South Africa,

This section says the Act does not remove a person’s civil or criminal liability for infringing an intellectual property right, or the ability to start civil or criminal proceedings about that infringement, subject to the Constitution and the Criminal…

Section 21

04

Source and current-law status

Source record view

Source record from www.parliament.gov.za · updated 24 Oct 2001

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Source-indexed provision map

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Showing 5 of 5 provisions

Substitution 3Short title 2
§ 1Section 1 of the Counterfeit Goods Act, 1997 (hereinafter referredSubstitution

This section amends the definition of "intellectual property right" to refer to trade mark rights under the Trade Marks Act, 1993, including rights mentioned in section 35.

1. Section 1 of the Counterfeit Goods Act, 1997 (hereinafter referred to as the principal Act), is hereby amended by the substitution for paragraph (a) of the definition of "intellectual property right" of the following paragraph: "(a) means the rights in respect of a trade mark conferred by the Trade Marks Act, 1993 (Act No. 194 of 1993), and includes rights in respect of a trade mark contemplated in section 35 of that Act;". Amendment of section 5 of Act 37 of 1997
Section 1Verify source
§ 2Section 5 of the principal Act is hereby amended by-Substitution

This provision amends section 5 to require a prompt court application for confirmation of certain inspector acts, and if confirmation is refused the inspector must return seized goods and repair any damage caused.

2. Section 5 of the principal Act is hereby amended by- (a) the substitution for paragraph (a) of subsection (4) of the following paragraph: "(a) any steps taken by an inspector in accordance with paragraph (a), (b), (c) or (d) of subsection (1), or like steps taken by him or her acts performed by an inspector by virtue of subsection (2) will cease to have any legal effect whatsoever unless the court confirms such steps, either finally or pendente lite must be confirmed by a magistrate or a judge of the High Court having jurisdiction in the area where the acts were performed, on the application of the inspector or the relevant complainant (where applicable) brought within 10 court days of the day on which those steps had been taken acts were performed,", and (b) the insertion after subsection (4) of the following subsection: "(4A) If the magistrate or judge contemplated in subsection (4)(a) does not confirm the acts performed by the inspector, the inspector must return any goods seized forthwith and make good any damage caused.". Substitution of section 21 of Act 37 of 1997
Section 2Verify source
§ 3The following section is hereby substituted for section 21 of theSubstitution

This section says the Act does not affect civil or criminal liability under other laws, or the institution of civil or criminal proceedings under those laws.

3. The following section is hereby substituted for section 21 of the principal Act: "Civil or criminal liability under other laws and institution of civil or criminal proceedings thereunder not affected by this Act
Section 3Verify source
§ 21Subject to the Constitution of the Republic of South Africa,Short title

This section says the Act does not remove a person’s civil or criminal liability for infringing an intellectual property right, or the ability to start civil or criminal proceedings about that infringement, subject to the Constitution and the Criminal Procedure Act.

21. Subject to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), and the Criminal Procedure Act, 1977 (Act No. 51 of 1977), the provisions of this Act will do not detract from a person's civil or criminal liability, in terms of any other law, on account of his or her infringement of any intellectual property right and or from the capacity or competence in terms of any law to institute civil or criminal proceedings in respect of such infringement.". Short title
Section 21Verify source
§ 4This Act is called the Counterfeit Goods Amendment Act, 2001.Short title

This section states the Act’s short title: the Counterfeit Goods Amendment Act, 2001.

4. This Act is called the Counterfeit Goods Amendment Act, 2001.
Section 4Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Counterfeit Goods Act, 1997

    Section 1

N–S

1 instrument

  • section 5 to require a prompt court application for confirmation of certain inspector act

    Section 2

T–Z

1 instrument

  • This section says the Act

    Section 3

Recorded versions and source checkpoint

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  • Undated version · currentEnglish

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