États-Unis d'Amérique

Afrique du Sud

Moyens de faire respecter les DPI

Prescriptions spéciales concernant les mesures à la frontière

48. Article 56 requires that the authorities be able to require the applicant to compensate the defending party for any injury caused if the detention of goods was unfounded. Please identify the authorities that can order the applicant to pay the importer, consignee or owner compensation for injury caused by wrongful detention or through the detention of goods released pursuant to Article 55 and cite to the applicable law or regulations.

Section 17(1) of the Counterfeit Goods Act provides: "Any person suffering damage or loss caused by the wrongful seizure, removal or detention of goods alleged to be counterfeit goods, or by any action contemplated in section 7(1)(a), (b) or (c) or (2) wrongfully taken by an inspector with reliance on that section read with section 4(a), or caused during or pursuant to the seizure, removal or detention of such goods in terms of this Act, will be entitled to claim compensation for that damage or loss which claim, subject to subsection (2), will be against the complainant and not against the State, the inspector or the person in charge of the counterfeit goods depot where those goods are or were detained."