Observancia de los derechos de propiedad intelectual
15. Please explain the procedures to appeal against any decisions ordered by the competent authorities based on Articles 51 and 55 of the TRIPS Agreement.
Decisions by the Commissioner in terms of Section 15 of the Counterfeit Goods Act will be administrative decisions subject to review in accordance with the principles of administrative law. Furthermore, Section 15(6) provides that, when any member of the customs authorities acts in terms of Section 15(4) to seize and detain the stipulated goods, he/she will be acting as if he/she is exercising the powers of an inspector subject to the provisions of the Counterfeit Goods Act. This includes the requirement that the powers of seizure and detention of goods must (except in certain circumstances) be exercised on the authority of a warrant issued in terms of Section 6 of the Counterfeit Goods Act, namely by any judge of the High Court or by a magistrate. This means that proceedings can be brought by the defending party for such a warrant to be set aside