Intellectual Property Rights from Publicly Financed Research and
R 385
Pharmacy Act, 1974 (Act No. 53 of 1974)Chapter IV : Conduct of Pharmaceutical Practice36. Restriction in respect of business names |
| (1) | Subject to the provisions of subsections (2) and (3), no person shall carry on business as a pharmacist, either alone or in partnership with another person, under any name, title or description which is or includes in any form the surname of a natural person, living or dead, if the use of such name, title or description is calculated or likely to lead persons to infer that a person of that surname is or has been associated with the pharmacy business in question. |
| (2) | The provisions of subsection (1) shall not prohibit— |
| (a) | the inclusion in the name, title or description of any pharmacy business of the surname of an owner thereof; |
| (b) | the use in respect of any pharmacy business of any name, title or description under which that business has lawfully been carried on immediately prior to the commencement of this Act. |
| (3) | The provisions of subsection (1) shall not apply in respect of any pharmacist whose business activities consists solely of the manufacture of medicines and the sale thereof to pharmacists or dealers and who does not carry on business as a retail pharmacist. |
| (4) | Any person who contravenes any of the provisions of this section shall be guilty of an offence and on conviction liable to a fine not exceeding the amount determined by the Minister from time to time by notice in the Gazette. |
