Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 4 : Business Names and Industry Codes of ConductPart A : Business names79. Identification of supplier |
| 1) | A person must not carry on business, advertise, promote, offer to supply or supply any goods or services, or enter into a transaction or agreement with a consumer under any name except— |
| a) | the person’s full name as— |
| i) | recorded in an identity document or any other recognised identification document, in the case of an individual; or |
| ii) | registered in terms of a public regulation, in the case of a juristic person; or |
| b) | a business name registered to, and for the use of, that person in terms of section 80, or any other public regulation. |
| 2) | A person doing anything contemplated in subsection (1) must include the following particulars on any trade catalogue, trade circular, business letter, order for goods, sales record or statement of account that the person issues: |
| a) | The name, title or description under which the business is carried on; |
| b) | a statement of the primary place at which, or from which, the business is carried on; and |
| c) | if the activity is carried on under a business name, the name of the person to whom that business name is registered. |
| 3) | If a person— |
| a) | does anything contemplated in subsection (1) under a name that is not that person’s full name, or a business name registered to that person, the Commission may issue a compliance notice to that person, in terms of section 100, requiring the person— |
| i) | within a reasonable time, to— |
| aa) | apply for registration of the business name in terms of section 80; or |
| bb) | discontinue that conduct under that business name; and |
| ii) | if the application to register that business name is unsuccessful for any reason contemplated in this Part, to discontinue that conduct under that name within 40 business days after receiving notice of the failure of the application; |
| b) | fails to comply with any requirement of subsection (2), the Commission may issue a compliance notice to the person in terms of section 100; or |
| c) | does anything contemplated in subsection (1) under a business name that is registered to another person, that other person may apply to the court for an order contemplated in subsection (4). |
| 4) | The court hearing an application contemplated in subsection (3)(c) may make an order directing a person to stop using a business name within a period, and on any terms, that the court considers just, equitable and expedient in the circumstances. |
