The Act accords protection to any person who has an interest in "protected goods". "Protected goods" means:

·         goods featuring the subject matter of an intellectual property right with the authority of the owner of that intellectual property right, or goods to which that subject matter has been applied by that owner, or with his or her authority; or

·         any particular class or kind of goods which has not yet been manufactured and which may feature the subject matter of an intellectual property right only with the authority of the owner of that intellectual property right, or to which that subject matter may be applied for by that owner, or with his or her authority; or

·         any particular class or kind of goods which may feature the subject matter of an intellectual property right only with the authority of the owner of that intellectual property right, or to which that subject matter may be applied only by that owner or with his or her authority, but to which that subject matter has not yet been applied.

2.      Intellectual property right.

It is important to emphasise that "intellectual property right" is defined in the Act to mean rights conferred by the Trade Marks Act, the Copyright Act and, to an extent, the Merchandise Marks Act.

·         The Counterfeit Goods Act does NOT extend to rights conferred by the Patents Act or the Designs Act. Goods covered by those two acts are not "protected goods" for the purposes of the Counterfeit Goods Act.

3.     Counterfeiting means...

·         the manufacturing, producing, or making without the authority of the owner of any intellectual property right subsisting in the Republic in respect of protected goods, of any goods whereby those protected goods are imitated in such manner and to such a degree that the imitating goods are substantially identical copies of the protected goods; or

·         the manufacturing, producing, making on, or applying to goods, without the authority of the owner of any intellectual property right subsisting in the Republic in respect of protected goods, of the subject matter of that intellectual property right, or of a colourable (close) imitation thereof, so that the goods bearing the unauthorised subject matter (or close imitation thereof) are calculated to be confused with or to be taken as being the protected goods of the said owner or any goods manufactured, produced, or made under his or her licence; or

·         making or applying to goods a mark, the use of which has been prohibited by a notice under section 15 of the Merchandise Marks Act, except by a person specified in the notice, without the authority of the specified person; and

·         provided that the relevant act of counterfeiting must also have infringed the intellectual property right in question.

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