(c) to be the exclusive right to use a particular mark, conferred by a notice issued under section 15 of the Merchandise Marks Act, 1941, may be proved by producing to the court a copy of the Gazette in which that notice was published, accompanied by a statement under oath or affirmation made by the Minister or any officer in the Department of Trade and Industry designated by the Minister, which is to the effect that such notice has not been withdrawn or amended in its essence. However, the provisions of this subsection will not be construed so as to detract from the power of the court, in relation to any such matter or any aspect thereof- (6) 17. (i) to require oral evidence to be given; (ii) in the case of a High Court, to order that the evidence of a person who resides or is for the time being outside the area of jurisdiction of that Court, be taken by means of interrogatories. Where any person who conducts business in protected goods featuring, bearing, incorporating or embodying the subject matter of a particular intellectual property right is proved to have been found in possession of suspected counterfeit goods to which the subject matter of the same intellectual property right has been applied(a) it will, in any civil proceedings concerning an act of dealing in counterfeit goods founded on that person's possession of the suspected counterfeit goods, be presumed, until the contrary is proved, that such person was in possession of the latter goods for the purpose of dealing therein if the quantity of those goods is more than that which, in the circumstances, reasonably may be required for his or her private and domestic use; (b) the same presumption will, in any criminal proceedings arising from that person's possession of the suspected counterfeit goods, apply mutatis mutandis unless credible evidence in rebuttal of the fact presumed, is tendered. Liability for damage or loss arising pursuant to application of Act (1) Any person suffering damage or loss caused by the wrongful seizure, removal or detention of goods alleged to be counterfeit goods, or by any action contemplated in section 7 (1) (a), (b) or (c) or (2) wrongfully taken by an inspector with reliance on that section read with section 4 (1), or caused during or pursuant to the seizure, removal or detention of such goods in terms of this Act, will be entitled to claim compensation for that damage or loss which claim, subject to subsection (2), will be against the complainant and not against the State, the inspector or the person in charge of the counterfeit goods depot where those goods are or were detained. (2) The State or such inspector or the person in charge of the relevant counterfeit goods depot, as the case may be, will be liable in respect of a claim contemplated in subsection (1) only if-

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