
Contents
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1 Country overview 1 Country overview
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1.1 Factual background 1.1 Factual background
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1.2 Legal background 1.2 Legal background
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2 Enforcement of trade marks 2 Enforcement of trade marks
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2.1 Interest to act 2.1 Interest to act
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2.2 Provisional measures 2.2 Provisional measures
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2.2.1 Counterfeit goods 2.2.1 Counterfeit goods
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2.2 2 Action on merits 2.2 2 Action on merits
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2.3 Trade mark infringement under national laws and practices 2.3 Trade mark infringement under national laws and practices
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2.3.1 Well-known provisions 2.3.1 Well-known provisions
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2.4 Procedures and remedies available under civil law 2.4 Procedures and remedies available under civil law
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2.5 Procedures and remedies available under criminal law 2.5 Procedures and remedies available under criminal law
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3 Enforcement of patents 3 Enforcement of patents
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3.1 Interest to act 3.1 Interest to act
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3.2 Patent infringement under national laws and practices 3.2 Patent infringement under national laws and practices
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3.3 Procedures and remedies available under civil law 3.3 Procedures and remedies available under civil law
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3.4 Procedures and remedies available under criminal law 3.4 Procedures and remedies available under criminal law
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4 Enforcement of copyright 4 Enforcement of copyright
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4.1 Interest to act 4.1 Interest to act
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4.1.1 Provisional measures: Counterfeit goods 4.1.1 Provisional measures: Counterfeit goods
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4.2 Copyright infringement under national laws and practices 4.2 Copyright infringement under national laws and practices
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4.3 Procedures and remedies available under civil law 4.3 Procedures and remedies available under civil law
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4.4 Procedures and remedies available under criminal law 4.4 Procedures and remedies available under criminal law
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5 Unfair competition 5 Unfair competition
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5.1 Procedures and remedies available under civil law 5.1 Procedures and remedies available under civil law
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5.2 Procedures and remedies available under criminal law 5.2 Procedures and remedies available under criminal law
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6 Counterfeit Goods Act 6 Counterfeit Goods Act
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6.1 Scope and subject matter of the Counterfeit Goods Act 6.1 Scope and subject matter of the Counterfeit Goods Act
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6.2 Provisional measures under the Counterfeit Goods Act 6.2 Provisional measures under the Counterfeit Goods Act
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6.2.1 Interest to act 6.2.1 Interest to act
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6.2.2 Dealing in counterfeit goods prohibited and an offence 6.2.2 Dealing in counterfeit goods prohibited and an offence
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6.2.3 Laying of a complaint 6.2.3 Laying of a complaint
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6.2.4 Provisions relating to issue and execution of the warrant 6.2.4 Provisions relating to issue and execution of the warrant
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6.2.5 Actions of inspectors without a warrant to be confirmed by the court 6.2.5 Actions of inspectors without a warrant to be confirmed by the court
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6.2.6 Duties of Inspector following seizure of goods 6.2.6 Duties of Inspector following seizure of goods
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6.2.7 Storage of seized goods and access thereto 6.2.7 Storage of seized goods and access thereto
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6.2.8 Seized goods to be released if criminal or civil proceedings not contemplated against the suspect 6.2.8 Seized goods to be released if criminal or civil proceedings not contemplated against the suspect
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6.2.9 Court may authorize search and attachment, pending institution of civil proceedings, to preserve evidence relevant to infringement of intellectual property right 6.2.9 Court may authorize search and attachment, pending institution of civil proceedings, to preserve evidence relevant to infringement of intellectual property right
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6.3 Procedures and remedies available under civil law 6.3 Procedures and remedies available under civil law
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6.4 Procedures and remedies available under criminal law 6.4 Procedures and remedies available under criminal law
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6.5 Other orders that may be issued by court 6.5 Other orders that may be issued by court
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7 Customs enforcement of intellectual property rights 7 Customs enforcement of intellectual property rights
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7.1 Scope and subject matter of Customs enforcement 7.1 Scope and subject matter of Customs enforcement
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7.1.1 Intellectual property rights 7.1.1 Intellectual property rights
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7.1.2 Parallel imports 7.1.2 Parallel imports
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7.2 Application for Customs enforcement 7.2 Application for Customs enforcement
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7.3 Acceptance of the application 7.3 Acceptance of the application
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7.4 Suspension of suspected goods either further to the filing of an application for Customs action or ex officio 7.4 Suspension of suspected goods either further to the filing of an application for Customs action or ex officio
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7.5 Securing the suspension 7.5 Securing the suspension
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7.5.1 Formal proceedings required to be instituted to secure the continued suspension of the release of the goods 7.5.1 Formal proceedings required to be instituted to secure the continued suspension of the release of the goods
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7.6 Storage and destruction of goods 7.6 Storage and destruction of goods
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South Africa
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Published:May 2020
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Abstract
The Republic of South Africa, known as South Africa, occupies the most southern tip of Africa with a coastline stretching from the border of Namibia on the Atlantic Ocean (south-west coast) of Africa, down to the tip of Africa and then north along the south-east coast to the border of Mozambique on the Indian Ocean. South Africa is bordered by Namibia, Botswana, Zimbabwe, Eswatini (formerly Swaziland), and Mozambique and surrounds the small landlocked Kingdom of Lesotho in the east-central region of South Africa. The total area of South Africa is approximately 1.22 million square kilometres (km), with a population of an estimated 58.78 million (2019). The country is divided into nine provinces, Western Cape, Eastern Cape, Northern Cape, Free State, Kwa-Zulu Natal, Northwest, Gauteng, Mpumalanga, and Limpopo. Gauteng Province is the most densely populated province with approximately 809.6 people per square kilometre, Kwa-Zulu Natal being the second most densely populated at 120.7 people per square kilometre, with Western and Eastern Cape following substantially behind at 59.1 and 51.1 people per kilometres respectively. There are three capitals in South Africa: Pretoria in the Gauteng province (administrative), Cape Town in the Western Cape (Legislative), and Bloemfontein in the Free State (Judicial). The
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