10 \’o. 18324 Act ~0. 37.1997 GOVERNMENT GAZETTE, 1 OCTOBER 1997 COUNTERFEIT GOODS ACT, 1997 that an offence contemplated in section 2(2) has been or is being committed or is likely to be committed, or to believe that an act of dealing in counterfeit goods has taken or is taking place or is likely to take place, he or she has the power, in accordance with paragraphs (a) to (f) of section 5(1 )— ‘(aj to enter upon or enter any place, premises or vehicle in order to inspect any 5 relevant goods and seize any suspected counterfeit goods, and may seize any suspected counterfeit goods found and cause them to be detained in accordance with this Act, and, where applicable, remove the suspected counterfeit goods for the purposes of detention; (b) to collector obtain evidence relating to the suspected counterfeit goods or the 10 relevant act of dealing in counterfeit goods; (c) to conduct at, on or in such place, premises or vehicle whatever search maybe reasonably necessary for the purposes of paragraph (a) or (b) (including the search of a person); and (d) to take whatever steps may be reasonably necessary in order to terminate the 15 relevant act of dealing in counterfeit goods. (2) Subject to section 5(2), the powers conferred on an inspector by subsection (1) may be exercised only on the authority of a warrant issued under section 6, and may be exercised wherever the suspected act of dealing in counterfeit goods has taken or is taking place or is likely to take place or is suspected on reasonable grounds to have taken 20 place or to be taking place. Extent of Lnspector’s powers in relation to counterfeit goods 5. (1) An inspector acting on the authority of and in accordance with a warrant issued under section 6, may at any reasonable time— (a) enter upon or enter, and inspect, any pIace, premises or vehicle at, on or in which goods that are reasonably suspected of being counterfeit goods, are to tx found or on reasonable grounds are suspected to be or to be manufactured, produced or made, and search such place, premises or vehicle and any person thereat, thereon or therein, for such goods and for any other evidence of the alIeged or suspected act of dealing in counterfeit goods. For the purposes of entering, inspecting and searching such a vehicle, an inspector who is a police official or who is assisted by a police official may stop the vehicle, if necessary by force, wherever found, including on any public road or at any other public place; (b) take the steps that may be reasonably necessary to terminate the manufacturing. production or making of counterfeit goods, or any other act of dealing in counterfeit goods being performed, at, on or in such place, premises or ~ehicle, and to prevent the recurrence of any such act in future. Those steps may include any of the steps contemplated in paragraphs (c), (d) and (e) but do not include the destruction or alienation of the relevant goods unless authorised by the court in terms of this Act; (c) seize and detain, and, where applicable, remove for detention. all the goods in question found at, on or in such place, premises or vehicle; (d) seal or seal off any place, premises or vehicle at, on or in which(i) the goods in question are found. or are manufactured. produced or made, either wholly or in part; (ii) any trade mark, or any exclusive mark contemplated in paragraph (c)of the definition of “counterfeiting” in’ section 1(1), or any work which is the subject matter of copyright, is applied to those goods; (iii) the packaging for those goods is prepared; or (iv) the packaging of those goods is undertaken; (e) seize and detain, and, where applicable, remove for detention. any tools which may be used in the manufacturing, production, making or packaging of those goods or applying a trade mark or that exclusive mark or such a work to them; and. 25 30 35 40 45 50 55