No. 25 of 2001: Counterfeit Goods Amendment Act, 2001.
(Assented to 24 October 2001.
To amend the Counterfeit Goods Act, 1997, so as to amend the definition of "intellectual property right"; to make further provision regarding an inspector's powers in relation to counterfeit goods; and to effect a technical correction; and to provide for matters connected therewith.
Amendment of section 1 of Act 37 of 1997 1.
"(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 2.
"(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 3.
(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.
This Act is called the Counterfeit Goods Amendment Act, 2001.