1. Claims for Compensation by Dispossessed Person - [Section 17]

Any person suffering injury or prejudice caused by the wrongful seizure of goods alleged to be counterfeit goods, or by any action taken by an inspector in effecting the seizure, is entitled to claim compensation. The compensation must be claimed against the complainant and, subject to what follows, not against the inspector, the person in charge of the counterfeit goods depot, or the State.

An inspector, the person in charge of the counterfeit goods depot and/or the State can be liable in respect of such a claim only in the following circumstances:

• If the inspector, person in charge of the counterfeit goods depot (or any person acting on the instruction or under the supervision of such person), or any servant of the State has been grossly negligent in the execution of the seizure or removal of the goods or in the detention or storage of them.
• Where the person in question has acted in bad faith in performing functions empowered under the Act.

2. Action by Person Prejudiced by Attachment - Section 7(4)

Any person prejudiced by seizure of goods by an inspector may at any time apply to the court on Notice of Motion for a determination that the seized goods are not counterfeit goods and for an order that they be returned to him. The Court may refuse or grant the relief applied for and make such an order, as it deems just and appropriate in the circumstances, including an order as to the payment of damages and costs. Where the court refuses an order sought in these circumstances it may direct that the complainant furnishes security to the applicant in respect of these goods in an amount and manner determined by the court. The facility is only available where the inspector has acted pursuant to a complaint.

3. Minister´s Powers To Make Regulations - [Section 24]

The Minister has a general power to make regulations in relation to any matter, which may or must be prescribed in terms of the Act and in relation to any other administrative or procedural matters that may be necessary or expedient for the proper and effective administration of the Act.

4. Effect on Other Laws - [Section 21]

The provisions of the Act are subject to the Constitution of the Republic of South Africa, 1996, and the Criminal Procedure Act, 1977, and do not detract from a person´s civil or criminal liability under any other law dealing with infringement of any intellectual property right or from the capacity or competence to institute or pursue civil or criminal proceedings or procedures in respect of such infringement under any law.

The aforegoing means inter alia that police officials can utilize their powers and the procedures provided for in the Criminal Procedure Act in investigating and pursuing offences under the Counterfeit Goods Act rather than make use of the powers and procedures provided in that Act. The offences and penalties provided for in the Counterfeit Goods Act can stand alone and separate from the powers and procedures provided for therein, at least in the case of inspectors who are police officials.