Observancia de los derechos de propiedad intelectual
17. Please explain who shall pay the cost of detentions based on Article 51 of the TRIPS Agreement or destruction stipulated in Article 59 of the TRIPS Agreement.
The Counterfeit Goods Act provides, in Section 8, that counterfeit goods seized by an inspector must be stored and kept in safe custody in a counterfeit goods depot. Section 23 provides that the Minister (of Trade and Industry) may by notice in the Gazette, designate any place to be a counterfeit goods depot, while Section 24 empowers the Minister to make regulations that may be necessary for the proper and effective control, management and administration of a counterfeit goods depot. No such notices or regulations have as yet been published. Where counterfeit goods are to be seized by the Commissioner of Customs and Excise upon entering the country in terms of Section 15 of the Counterfeit Goods Act, this will take place by the customs authorities in performing their functions under the Customs and Excise Act No. 91 of 1964. This later Act provides for the establishment of warehouses, and in Section 23 specifically provides that the Commissioner may allow the storage in such a warehouse of goods the importation or disposal of which is prohibited or restricted under any law. The Customs and Excise Act has extensive provisions dealing with management and administration of such warehouses and the goods stored therein.