'counterfeiting'(a) means, without the authority of the owner of any intellectual property right subsisting in the Republic in respect of protected goods, the manufacturing, producing or making, whether in the Republic or elsewhere, of any goods whereby those protected goods are imitated in such manner and to such a degree that those other goods are substantially identical copies of the protected goods; (b) means, without the authority of the owner of any intellectual property right subsisting in the Republic in respect of protected goods, manufacturing, producing or making, or applying to goods, whether in the Republic or elsewhere, the subject matter of that intellectual property right, or a colourable imitation thereof so that the other goods are calculated to be confused with or to be taken as being the protected goods of the said owner or any goods manufactured, produced or made under his or her licence; or (c) where, by a notice under section 15 of the Merchandise Marks Act, 1941 (Act 17 of 1941), the use of a particular mark in relation to goods, except such use by a person specified in the notice, has been prohibited, means, without the authority of the specified person, making or applying that mark to goods, whether in the Republic or elsewhere. However, the relevant act of counterfeiting must also have infringed the intellectual property right in question; 'counterfeit goods' means goods that are the result of counterfeiting, and includes any means used for purposes of counterfeiting; 'counterfeit goods depot' means a place designated under section 23 to be a counterfeit goods depot, and includes any place deemed by section 7 (1) (c) to be a counterfeit goods depot; 'document' includes a tape recording, a photograph and any electronic or magnetic or other medium on, in, or by means or by way of which, images, sound, data or information may be stored, and 'documentary' will be construed accordingly; 'exporter' includes any person who, at the relevant time(a) is the owner or is in control or possession of any goods exported or to be exported from the Republic; (b) carries the risk for any goods so exported or to be so exported; (c) represents that or acts as if he or she is the exporter or owner of any goods so exported or to be so exported; (d) actually takes or attempts to take any goods from the Republic;