8 so. 15324 GOVERNMENT GAZEITE, I OCTOBER 1997 Act ~0. 37.1997 COUNTERFEIT GOODS ACT. 1997 (ii) for any other purpose to such an extent that the owner of an intellectual property right in respect of any particular protected goods suffers prejudice; (/7 be imported into or through or exported from or through the Republic except if so imported or exported for the private and domestic use of the importer or 5 exporter, respectively; (g) in any other manner be disposed of in the course of trade. (2) A person who performs or engages in any actor conduct prohibited by subsection (1). will be guilty of an offence if— (a) at the time of the actor conduct, the person knew or had reason to suspect that 10 the goods to which the act or conduct relates, were counterfeit goods; or (b) the person failed to take all reasonable steps in order to avoid any act or conduct of the nature contemplated in subsection (1) from being performed or engaged in with reference to the counterfeit goods. 15 Laying a complaint 3. (1) Any person who has an interest in protected goods, whether as the owner or licensee of an intellectual property right in respect of the protected goods or as an importer. exporter or distributor thereof (includlng the duly authorised agent or representative or the anomey of any such person), who reasonably suspects that an offence referred to in section 2(2) has been or is being committed or is likely to be 20 committed by arty person, may lay a complaint to that effect with any inspector. (2) (a) The complainant must furnish information and particulars, to the satisfaction of the inspector, to the effect that the goods with reference to which that offence alle@y has been or is being or is likely to be committed, prima facie are counterfeit 25 goods. (b) For the purposes of paragraph (a), the complainant may furnish to the inspector a specimen of the alleged counterfeit goods, or, if not reasonably possible, sufficient information and particulars from which the essential physical and any other distinctive features. elements and characteristics of the alleged counterfeit goods may be ascertained. and sufficient information and particulars as to the subsistence and extent of 30 the intellectual property right, the subject matter of which allegedly has been applied to the goods alleged to be counterfeit goods, and as to the complainant’s title to or interest in that right. and, where the alleged counterfeit goods are calculated to infringe an intellectual property right that subsists in respect of or has been applied to protected goods contemplated in paragraph (u) of the definition of “protected goods” in section 35 1(11 also a specimen of the relevant protected goods. (3) In relation to a complaint that has been laid, an inspector must take appropriate steps in terms of and subject to section 4(1), if reasonably satisfied— (a) that the person having laid the complaint, prima facie is a person who, in 40 terms of subsection (1), is entitled to do so; and (b) that— (i) the goods claimed to be protected goods, prima facie are protected goods; and (ii) the intellectual property right, the subject matter of which is alleged to have been applied to the offending goods, prima facie subsists; and 45 (c) that the suspicion on which the complaint is based, appears to be reasonable in the circumstances. (4) The preceding provisions of this section do not preclude an inspector from taking any appropriate steps in terms of section 4(1) on his or her own initiative in relation to any act or conduct believed or suspected to be an act of dealing in counterfeit goods, 50 provided the requirements of that section are met. Inspector’s powers in relation to counterfeit goods 4. (1) If. pursuant to any complaint laid with an inspector or on the strength of any other information at his or her disposal. the inspector has reasonable -grounds to suspect -———. -—. — -. .--. , —.— --