There are no legislative time-limits other than that written notice must be given by an inspector to the person from whom counterfeit goods are seized, informing such person of the action taken by the inspector and of the address of the counterfeit goods depot where the goods are kept Section 7(1)(d) of the Counterfeit Goods Act 1997 (Act No. 37 of 1997) provides. In terms of South African common law notice must be given within a reasonable period of time and it is within the discretion of a court before which a matter is heard, upon consideration of the facts and circumstances of each case to determine whether or not the compliance with such time-periods is reasonable or not.
"7(1) An inspector who, in exercising his or her powers in terms of Section 4(1) has seized any suspect counterfeit goods, must:
(d) by written notice inform the following persons of the action taken by the inspector in terms of Section 4(1) and of the address of the counterfeit goods depot where the seized goods are kept:
(i) The person whom those goods were seized; and
(ii) also:
(aa) the complainant, where the inspector exercised his or her powers in terms of Section 4(1) pursuant to a complaint laid in terms of Section 3(1); or
(bb) any person who, in relation to those goods, qualifies in terms of Section 3(1) to be a complainant, but who had not yet so laid a complaint at the time when the inspector exercised those powers on his or her own initiative as contemplated in Section 3(4)."
