États-Unis d'Amérique

Afrique du Sud

Moyens de faire respecter les DPI

Prescriptions spéciales concernant les mesures à la frontière

43. Article 53.1 requires that the competent authorities have the authority to secure from an applicant a security or equivalent assurance sufficient to protect a defendant and to prevent abuse. Please verify that the competent authorities identified above are empowered to require security or equivalent assurance and provide citations to the provisions of law or regulation that grant them that authority.

Section 7(4) of the Counterfeit Goods Act provides: "(a) Any person prejudiced by a seizure of goods in terms of Section 4(1), may at any time apply to the Court on notice of motion for a determination that the seized goods are not counterfeit goods and for an order that they be returned to him or her. "(b) The Court may grant or refuse the relief applied for and make such order as it deems just and appropriate in the circumstances, including an order as to the payment of damages and costs, if applicable. "(c) If deemed just and appropriate in the circumstances by a court that has refused the order sought, it may order, where those goods have been seized pursuant to a complaint laid in terms of Section 3(1) that the complainant furnishes security to the applicant in respect of those goods in an amount and manner determined by the Court." Section 15(7) further provides: "The customs authorities will not be obliged to act in terms of subsection (4) unless the owner of the intellectual property rights, the subject-matter of which is alleged to be goods, furnishes to the Commissioner security in the manner and amount that the Commissioner may require to indemnify the customs authorities and their members against any liability that may be incurred pursuant to the seizure and detention of goods or anything done in relation to goods when acting or purportedly acting under this section and to cover any expenses that may be incurred in effecting the seizure and detention of the goods."