Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Procedimientos y recursos civiles y administrativos
22. Article 46 requires that judges and administrative officials be authorized to order, in certain circumstances, other remedies, including disposal of goods outside commercial channels or destruction of goods and destruction of materials and implements the predominant use of which is the creation of infringing goods. Please describe the additional remedies available under the laws of South Africa, the circumstances in which such authority will be exercised, the factors considered in determining the nature of the remedies provided, and cite the legal authorities providing for such remedies.
The South African Patents Act, Trade Marks Act, Designs Act and Copyright Act provide for the following remedies to be ordered in proceedings for infringement, namely: - interdicts (injunctions); - damages (see the reply to question 20); - delivery-up of infringing products (see the reply to question 18 above). The aforesaid four intellectual property statutes do not expressly provide that the purpose of the order for delivery-up of infringing goods is for the goods to be destroyed.