Prohibited acts
Acts amounting to "dealing" in counterfeit goods (which is prohibited) include:
- possession or controlling such goods in the course of business;
- manufacturing such goods for use, other than private or domestic use;
- selling, hiring out, bartering or exchanging of such goods or offering or exposing them for sale;
- exhibiting such goods in public for the purposes of trade;
- distributing such goods for the purposes of trade or any other purpose with the result that the intellectual property right owner suffers prejudice;
- importing or exporting such goods, except for private or domestic use;
- disposing of such goods in any other manner in the course of trade.
It is an offence for any person to perform or engage in any prohibited act, if such person knows or has reason to suspect that the goods are counterfeit goods and does not take reasonable steps to avoid the prohibited act.
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Featured news
US Federal Appeals Court considers patentability of business methods
The matter of patentability of business methods (and, correspondingly, computer programs) has come before the US Federal Appeals Court in the case of In re: Bilski.
The invention relates to a “method for managing the consumption-risk costs of a commodity sold by a commodity provider”. A patent application for the invention was filed initially in April 1997, and both the patent Examiner and the Appeals Board of the US Patent and Trademark Office (USPTO) determined that the invention is unpatentable, among other reasons, because it represents a mental process and is not tied to a physical transformation or machine.
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Featured office: Johannesburg
Inquiry: +27 (0) 11 646 1507 |
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Featured person: Schweizer, Adrian
Consultant
Patent Attorney
Tel: +27 (0) 12 432 6000
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