États-Unis d'Amérique

Afrique du Sud

Moyens de faire respecter les DPI

Prescriptions spéciales concernant les mesures à la frontière

52. Article 59 identifies the remedies that are to be available, including destruction or disposal of infringing goods outside the stream of commerce. Please explain what the law in South Africa permits regarding the disposition of infringing goods, i.e., does the law allow for destruction, disposal or both. Please cite to the law or regulations providing such authority.

Section 20(1) of the Counterfeit Goods Act provides: "Subject to Section 10, the Court having convicted a person of an offence contemplated in Section 2(2) may declare the counterfeit goods in question to be forfeited to the State or order that those goods and their packaging, and where applicable any tools that were used by or on behalf of the convicted person for the manufacturing, production or making of those or any other counterfeit goods or for the unlawful application to goods of the subject matter of any intellectual property right, be destroyed."