The new Counterfeit Goods Act No. 37 of 1997, which came into force on 1 January 1998, is special legislation to deal with counterfeit goods, bearing counterfeit trademarks or copyright works or marks prohibited under the Merchandise Marks Act, 1941.
In terms of the Counterfeit Goods Act an inspectorate is created, inspectors being:
- Police officials holding the rank of sergeant or a higher rank;
- the Commissioner of Customs and Excise and designated officials in terms of the Customs and Excise Act, 1964;
- inspectors appointed by the Minister of Trade and Industry (Sections 1(1) and 22).
Inspectors will generally exercise their powers on the basis of a warrant issued by a judge of the High Court or by a magistrate, i.e. a judicial authority (Sections 4 and 6).
Section 15 of the Counterfeit Goods Act deals specifically with the detention of counterfeit goods which are being imported into South Africa. The competent authority who must consider and deal with applications in terms of this section, is the Commissioner for Customs and Excise.
