Latest News
white dotIntellectual Property and Copyright Laws
Dr. Owen Dean
PRECIS: Seventeen African countries have joined together to launch the Southern and East African Copyright Network (SECONET) in order to address issues relating
2/10/2008 more more
white dotSpoor & Fisher Office closed on 24 September 2008
Spoor & Fisher
Please note that Wednesday 24 September is a public holiday in South Africa, and our offices will be closed.
23/09/2008 more more
white dotAmendment Deadline
Shanaaz Tiry
The South African Patent Office will be closed on 23 September and will also be closed on 24 September 2008 which is a public holiday in South Africa.
11/09/2008 more more
white dotCape Verde becomes a member of WTO
Craig Kahn & Mac Spence
Cape Verde became a Member of the World Trade Organization (WTO) on 23 July 2008. Even though Cape Verde is not party to the PCT or
5/09/2008 more more
white dotSpoor & Fisher Jersey Office closed on 25 August 2008
Spoor & Fisher Jersey
Spoor & Fisher Jersey office will be closed on 25 August 2008 due to a public holiday in the UK.
25/08/2008 more more
F. Issue of Warrant - [Section 6]  01/01/1990 
print this article   print
send this article
comments          
By  
 



1. Procedure when applying for a warrant

  • The warrant will only be issued if it appears to the judge or magistrate from information on oath or affirmation that there are reasonable grounds for belief that an act of dealing in counterfeit goods has taken place, or is taking place, or is likely to take place. (s 6(1)).
  • The inspector must sign an affidavit [see example marked "F1"] which sets out the grounds for his belief that an act of dealing in counterfeit goods has taken place, or is taking place, or is likely to take place. The affidavit of the complainant will be used in support of the inspector´s affidavit (where there is a complainant). (s 6(1)).
  • The inspector may be asked to specify what action he intends to take against the alleged offender. The inspector´s intended course of action could therefore also be included in the inspector´s affidavit. (s 6(1))
  • The warrant need not specify:

- the number of suspected acts of dealing in counterfeit goods;

- whether the act involves only one alleged offender or any number of alleged offenders;

- the alleged offender(s) by name or by reference to any particular place or circumstances or point in time. (s 6(2))



Return to Table of Contents

Next Section


This website is best viewed at a resolution of 1152 x 864

 deregister   disclaimer   edit profile   forgot password