Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Procedimientos y recursos civiles y administrativos

23. Article 47 provides that WTO Members may authorize judges and administrative officials to order infringers to identify for right holders third parties involved in the production and distribution of infringing goods or services and their channels of distribution. Please describe any authority judges and administrative officials have under the laws of South Africa to order infringers to identify for right holders third parties involved in the production and distribution of infringing goods or services and their channels of distribution and describe the circumstances in which this authority would be exercised. Please cite the legal authorities providing for such remedies.

South African Courts held that they have inherent jurisdiction, in special ex parte situations, to grant Anton Piller order for specific documents and evidence to be disclosed. In the criminal context, the Counterfeit Goods Act No. 37 of 1997 contains certain provisions regarding disclosure of information by a defendant, including information regarding the identity of the supplier or source of the counterfeit goods in question. This latter Act prescribes certain safeguards to prevent abuse of powers. See in this regard the provisions of Section 5 of the Counterfeit Goods Act. The Counterfeit Goods Act also provides for the granting of an Anton Piller-type order authorizing the search for an attachment of evidence, pending institution of civil proceedings. Such an order may be granted on an ex parte basis. See in this regard Section 11 of the Counterfeit Goods Act.