1. Goods stored in Counterfeit Goods Depot

    The person in charge of counterfeit goods depot has the duties summarised below:

• To store the seized goods in safe custody at a counterfeit goods depot until ordered by the court to return, release, destroy, or otherwise dispose of the goods as specified in the court order or as directed by the inspector, in certain defined circumstances to release the goods to the suspect. (s 8(1))

2. Inspection of Seized Goods

• Upon request of the complainant or suspect to make the seized goods available for testing or analysis by or on behalf of the complainant, if satisfied that the request is reasonable. (s 8(3)).
• Should he refuse to make the seized goods available to the suspect for testing or analysis, he must refer the matter to the complainant or prospective complainant who must either confirm or reject this decision within 48 hours. In the event that the decision is confirmed by the complainant, he must convey this decision in writing to the suspect who may then apply to court for an order rescinding the decision and allowing those goods to be made so available. The application will be granted by the court if it finds the decision to be unreasonable. (s 8(3))
• The complainant or suspect or any other person has a right of access to the seized goods at the counterfeit goods depot on any working day during normal office hours. (s 8 (4))

3. Release of Seized Goods - [Section 9]

    Suspected counterfeit goods which have been seized by an inspector will be released to the suspect:

• if the complainant or prospective complainant fails to instigate criminal proceedings in terms of s (2(2) of the Act against the suspect within 3 days of receiving notice from the inspector of his right to do so; (s 9(1)(b))
• if the State fails within 10 working days after the date of a notice from the inspector in terms of s 7(1)(d)(i) to inform the suspect, by written notice, of its intention to institute criminal prosecution against him for committing an offence in terms of s 2(2), (s 9(2)(a)(I))
• if any interested person, to whom notice has been given by the inspector in terms of s 7(1)(d)(ii), fails within 10 working days after the date of such notice to inform the suspect, in writing, of the person´s intention to institute civil proceedings founded on an act of dealing in counterfeit goods on the part of the suspect. (s 9(2)(a)(ii))
• if the State or interested person fails to institute criminal or civil proceedings, as the case may be, within 10 court days of having given the relevant notice; (s 9(2)(b))
• if the complainant has instructed the inspector to release the goods to the suspect, provided that no criminal prosecution involving those goods has been instituted against the suspect by that date; (s 9(2)(c))
• if so ordered by a competent court. (s 9(2)(d))

4. The Procedure for Effecting the Release of Seized Goods

• the inspector who seized the goods must issue a notice (see example "J4") to the person in charge of the counterfeit foods depot where the goods are detained, directing that the relevant goods as specified in the copy of the inventory attached to that notice be released to the person identified therein, and at the same time, cause a copy of such notice to be served on the suspect or complainant;
• the person in control of the counterfeit goods depot to whom the notice has been issued must release the relevant goods in accordance with the notice on the fourth day after the date of the notice, unless a competent court orders otherwise. (s 9(3)(b))