Switzerland

South Africa

Copyright and Related Rights

1. Article 28 deals with the restriction of importation of copies. Article 55 of the TRIPS Agreement provides for precise time limits for suspension (10 working days renewable for another 10 working days but no more). The period of restriction of importation in Article 28 of the Copyright Act is to be specified in the notice to the Commissioner for Customs and Excise. No figure is given. Can one construe that the time limits as required by TRIPS Article 55 will apply even though the Copyright Act does not expressly mention them?

The whole question of Section 4 of the TRIPS Agreement is dealt with in the Counterfeit Goods Bill which is pending before the legislature and which is expected to pass into law before the end of this year. The time periods required by Article 55 TRIPS are prescribed in the Counterfeit Goods Bill and Section 28 of the Copyright Act must in future be read together with the relevant provisions of the Counterfeit Goods Act, once it has become law. The Counterfeit Goods Bill deals inter alia with the restriction of the importation of articles which infringe copyright or registered trademarks. Accordingly, the period specified in the notice to the Commissioner for Customs and Excise would be that of the TRIPS Agreement.