Section 66A: Application for suspension of clearance of goods

66A. Application for suspension of clearance of goods (1) Any owner or authorised user of a patent, industrial design, collective mark or mark or copyright may apply in writing to the Director-General to suspend the clearance of any goods imported or being exported on the grounds that his patent, industrial design, collective mark or mark or copyright is being or is likely to be infringed. (1A) (a) Notwithstanding subsection (1), where the Director-General has reason to believe that the right of the owner or authorised user of a patent, industrial design, collective mark or mark or copyright has been infringed or is likely to be infringed, he may, on his own initiative— (i) suspend the clearance of the goods for 21 working days; (ii) at the same time, give notice, electronically or otherwise, to the owner or authorised user, of the suspension and invite the owner or the authorised user, as the case may be, to lodge, within 21 working days, an application under subsection (1). C62 – 33 [Issue 9] Customs Act (b) Where an application is not lodged within 21 working days, the Director-General shall immediately waive the suspension and clear the goods. (2) An application made under subsection (1) shall specify a period not exceeding 2 years during which the Director-General may suspend the clearance of such goods. (3) An application under subsection (1) shall be accompanied by— (a) any evidence that the applicant is the owner or the authorised user of the patent, industrial design, collective mark or mark, or of the copyright; (b) a statement of the grounds for the application, and in particular, the prima facie evidence showing that his right has been or is likely to be infringed; and (c) particulars relating to the description of the goods making them readily recognisable by Customs, and the place where such goods are to be found. (4) The applicant shall furnish adequate security to protect the DirectorGeneral from any loss or damage that may result from the suspension of the clearance of the goods and to cover any reasonable expenses likely to be incurred as a result of such suspension. (5) This section shall not apply to small quantities of goods of a noncommercial nature, intended for personal use, sent in small consignments or contained in the luggage of a passenger, master or crew. [S. 66A inserted by s. 5 (d) of Act 28 of 2004 w.e.f. 26 August 2004; amended by s. 6 (c) of Act 18 of 2008 w.e.f. 19 July 2008; s. 12 (m) of Act 9 of 2015 w.e.f. 1 July 2015; s. 11 (j) of Act 18 of 2016 w.e.f. 7 September 2016.]