36 Act so. NO. 1s324 GOVERNMENT GAZETTE. I OCTOBER 1997 37.1997 COUNTERFEIT GOODS ACT, 1997 sum of money to the aggrieved person and directing the seller to pay that award. However, the court must make the latter order if satisfied that the requirements of paragraphs (a) and (b) have been met. (3) The provisions of subsection (2) will apply and be applied, mururis mutandis, in relation to and for the benefit of any person who, otherwise than by way of a transaction 5 of purchase and sale, has acquired, in consideration for value given by him or her, goods that are counterfeit goods. Civil or crisninal liability under other laws and institution of civil or criminal proceedings thereunder not affected by this Act 21. Subject to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 10 1996), and the Criminal Procedure Act, 1977, the provisions of this Act will 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 from the capacity or competence in terms of any law to institute civil or criminal proceedings in respect of such infringement. 15 Minister’s power to appoint or designate inspectors 22. (I) ne Minister purposes of this Act. may appoint any fit and proper person as an inspector for the (2) (a) The Minister, by notice in the Gazette, may designate any specified class or 20 category of persons to be inspectors for the purposes of this Act. (b) The Minister, in a like manner, may amend or withdraw such a notice at any time. (3) The Minister or any official acting under the authority of the Minister, must issue to each of the inspectors contemplated in this section a certificate in the prescribed form stating that the person in whose name it has been issued has been appointed or 25 designated an inspector (as the case may be) in terms of or by virtue of this Act. Minister’s powers regarding counterfeit goods depots 23. (1) The Minister, by notice in the Gazette, may from time to time designate any place defined in the notice to be a counterfeit goods depot for the purposes of this Act, and may in a like manner amend or withdraw such a notice at any time. (~) The hfifister must in respect of a counterfeit goods depot appoint any fit and 3 0 proper person as the person in charge of the counterfeit goods depot. Regulations 24. The Minister may make regulations not inconsistent with the provisions of this Act— (a) in relation to any matter which, in terms of this Act, may or must be 35 prescribed; (b) prescribing any inventory to be prepared or made in terms of this Act; (c) that may be necessary or expedient for the proper and effective control, management and administration of a counterfeit goods depot and the proper 40 care of the goods detained therein; (d) in relation to the manner or form in which any application (other than any application to a court of law) is to made in terms of this Act, and may prescribe forms for that purpose; and (e) in relation to any other administrative or procedural matters that may be necessary or expedient for the proper and effective administration of this Act. 45 This Act binding on State 25. This Act binds the State.