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PRECIS: Seventeen African countries have joined together to launch the Southern and East African Copyright Network (SECONET) in order to address issues relating
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Shanaaz Tiry
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C. Action by Complainant [Section 3]  01/01/1990 
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A person having an interest in protected goods as defined in B.3 above, has locus standi to lodge a complaint in the from of an affidavit in respect of counterfeit goods under the Act. A complainant in respect of counterfeit goods can lay a complaint dealing in counterfeit goods with an inspector and such a complaint can refer to the activities of an individual or of persons in general or to a multiplicity of acts.

1. Furnishing of information to inspector

  • The complainant must furnish information and particulars to the satisfaction of the inspector that the alleged counterfeit goods are prima facie counterfeit goods and he can do so by furnishing the inspector with a specimen of the genuine protected goods and the counterfeit goods.
  • If it is not reasonably possible to furnish the inspector with a specimen of the alleged counterfeit goods, by providing sufficient information and particulars from which the essential physical and any other distinctive features, elements, and characteristics of the alleged counterfeit goods may be ascertained.
  • In addition, furnishing the inspector with sufficient information and particulars as to the subsistence and extent of the intellectual property right of the subject matter and his title to or interest in that right (s 3(2)) of which allegedly has been applied to the allegedly counterfeit goods.
  • The complainant must allege that an act of dealing in counterfeit goods has been, or is being committed, or is likely to be committed, which allegations must be based on a reasonable suspicion. (s 3(1) read with s 6(2)).

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