États-Unis d'Amérique

Afrique du Sud

Moyens de faire respecter les DPI

Prescriptions spéciales concernant les mesures à la frontière

42. Article 52 requires that the competent authorities notify the right holder that his application is accepted within a reasonable time. Please explain within what period of time the competent authority responds to a request for suspension of release of goods and, if the application is accepted, the length of time during which enforcement action will be taken.

The relevant provision of Section 15 of the Counterfeit Goods Act provides of the owner of an intellectual property right to apply to the Commissioner for Customs and Excise to seize and detain counterfeit goods. The Commissioner is obliged by this section to give written notification to the applicant within a reasonable period of time, indicating whether the application has been granted or refused. The remarks concerning the determination of a reasonable period as set out in the answer to question 45 below have reference.