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Counterfeit Goods Act, 1997 (Act No. 37 of 1997)

 

Notice No. 1284 of 1997

Act

1. Definitions

2. Dealing in counterfeit goods prohibited and an offence

3. Laying a complaint

4. Inspector's powers in relation to counterfeit goods

5. Extent on Inspector's powers in relation to counterfeit goods

6. Provisions relating to issue and execution of warrant

7. Duties of inspector following seizure of goods

8. Storage of seized goods, and access thereto

9. Seized goods to be released if criminal investigation or criminal or civil proceedings not contemplated against suspect

10. Other orders that may be issued by court

11. Court may authorise search and attachment, pending institution of civil proceedings, to preserve evidence relevant to infringement of intellectual property right, etc.  

12. Provisions relating to execution of court order authorising search for counterfeit goods and evidence relevant thereto

13. Court may order unsuccessful claimant in proceedings for infringement of intellectual property right to pay compensation

14. Court may order release of attached subject proceedings for infringement of intellectual property right to pay compensation

15. Customs authorities' powers in relation to counterfeit goods being imported into Republic

16. Evidence and presumptions

17. Liability for damage or loss arising pursuant to application of Act

18. Miscellaneous offences

19. Penalties

20. Orders permissible following conviction of person of offence contemplated in section 2(2)

21. Civil or criminal liability under other laws and institution of civil or criminal proceedings thereunder not affected by this Act

22. Minister's power to appoint or designate inspectors

23. Minister's powers regarding counterfeit goods depots

24. Regulations

25. This Act binding on State

26. Short title and commencement