relevant subject goods and ancillary materials in compliance with subsection (3) of this section; (b) 13. 14. cause the original of that statement, together with its annex, to be filed in the office of the registrar of the court in question and cause a certified copy thereof to be served on the respondent. Court may order unsuccessful claimant in proceedings for infringement of intellectual property right to pay compensation (1) Where in any proceedings the claim of a person (hereafter called the erstwhile applicant) in respect of an infringement of his or her intellectual property right is dismissed, the court may order the erstwhile applicant to pay appropriate compensation to the erstwhile respondent for any injury or prejudice caused to or suffered by him or her in consequence of any measures and steps taken in terms of section 11 or 12 on the authority of an order contemplated in section 11. (2) For the purposes of subsection (1) and section 14(a) 'erstwhile applicant' means the owner of an intellectual property right who was the successful applicant in any ex parte application brought in terms of section 11 (1); and (b) 'erstwhile respondent' means the person against or in relation to whom relief was sought pursuant to that application. Court may order release of attached subject goods and ancillary materials in certain circumstances If an erstwhile applicant does not, before the date specified in an order contemplated in section 11 (5) (e) or within the period referred to in section 11 (6), whichever is applicable, institute proceedings against the erstwhile respondent for the infringement of the erstwhile applicant's intellectual property right, or if, in the case where those proceedings have been so instituted, the erstwhile applicant's claim has been dismissed by the court, the court, on the application of the erstwhile respondent or any other interested person claiming to be entitled to the subject goods and ancillary materials, may order that such goods and materials be released, respectively, to the erstwhile respondent or to such interested person who has proved his or her entitlement thereto. 15. Customs authorities' powers in relation to counterfeit goods being imported into Republic (1) The owner of an intellectual property right may apply to the Commissioner for Customs and Excise (hereafter called the Commissioner), to seize and detain all goods(a) which are counterfeit goods featuring, bearing, embodying or incorporating the subject matter of that intellectual property right or to which the subject matter of that right has been applied;