- The offence of dealing in counterfeit goods entails doing any of the following in relation to counterfeit goods:
· having goods in the possession or control of any person in the course of business for the purpose of dealing in those goods;
· manufacturing, producing, or making goods except for the private and domestic use of the person by whom the goods were manufactured, produced, or made;
· selling, hiring out, bartering, or exchanging goods, or offering, or exposing goods for sale, hiring out, barter, or exchange;
· exhibiting goods in public for purposes of trade;
· distributing goods –
- for purposes of trade; or
- for any other purposes to such an extent that the owner of the intellectual property right in respect of any particular protected goods suffers prejudice.
· importing goods into, or through, or exporting goods from, or through the Republic except if so imported or exported for the provide and domestic use of the importer or exporter, respectively;
· in any manner disposing of goods in the course of trade.
2. Offence in terms of section 2(2)
Section 2(2) is the heart of the Act. It provides that any person who performs or engaged in any act or conduct "prohibited" by s 2(1) will be guilty of an offence if -
· At the time of the act or conduct, the person knew or had reason to suspect that the goods to which the act or conduct relates, were counterfeit goods; or
· the person failed to take all reasonable steps in order to avoid any act or conduct of the nature contemplated in s 2(1) from being performed or engaged in with reference to counterfeit goods.
3. Persons having an interest in protected goods - [Section 3(1)]
· The owner or licensee of an intellectual property right in respect thereof; or
· The importer, exporter, or distributor thereof; or
· as the attorney, agent, or representative of such person.
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