6 so. I 83?4 Act SO. 37.1997 GOVERNhlENT GAZETTE. I fJCTfJBER 1997 COUNTERFEIT GOODS ACT, 1997 the concomitant exclusive right of that specified pemon so to use that mark; (ix) (xii) ‘“Minister” means the Minister of Trade and Industry; (xii) (xiii) “owner”, in relation to an intellectual property right, includes a person who has the capacity in law to enforce the intellectual property right in his or her 5 own name; (v) (xiv) “package” or “packaging” means any container, wrapping or outer cover and the contents thereof, or any bundle or single piece in the case of unpacked goods, and, when used as a verb, has a corresponding meaning; (xvi) 10 (xv) “’prescribed” means prescribed by regulation under this Act; (xix) (x\’i) “protected goods” means— {a) goods featuring, bearing, embodying or incorporating the subject matter of an intellectual property right with the authority of the owner of that intellectual property right, or goods to which that subject matter has been 15 applied by that owner or with his or her authority; (b) any particular class or kind of goods which, in law, may feature, bear, embody or incorporate the subject matter of an intellectual property right only with the authority of the owner of that intellectual property right, or to which that subject matter may in law be applied, only by that owner or with his or her authority, but which has not yet been manufactured, 20 produced or made, or to which that subject matter has not yet been applied, with the authority of or by that owner (whichever is applicable); (ii) (xvii) “this Act” includes any regulation made under this Act; (vii) 25 (xviii) “tools” includes machinery; and (vi) (xix) “vehicle” includes any motor car, van, truck, trailer, caravan, cart, barrow, train, aircraft, ship, boat or other vessel, and any other vehicle, craft or means of conveyance of any kind whatsoever, whether self-propelled or not, as well as any pack animal. (xviii) (2) Without derogating from the meanings of the words “place”, “premises” and 30 “vehicle”. and unless clearly inappropriate, any reference in this Act— (a) to any place or premises, must be construed as a reference also to any freight container, irrespective of its size, at, on or in the place or premises; (b) to any vehicle, must be construed as a reference also to such a freight 35 container on or in the vehicle. Dealing in counterfeit goods prohibited and an offence 2. (1) Goods that are counterfeit goods. may not— (a) be in the possession or ~nder the ‘control of any person in the course of business for the purpose of dealing in those goods; (b) be manufactured, produced or made except for the private and domestic use of 40 the person by whom the goods were manufactured, produced or made; (c) be sold, hired out, bartered or exchanged, or be offered or exposed for sale hiring out, barter or exchange; (d) be exhibited in public for purposes of trade; 45 (e) be distributed— (i) for purposes of trade; or r- . :.a,~~ ,———— .——— --–=Z .—— - .. ——.. --7 ?-~- -— ----