If you believe your own copyrighted material has been removed from the DCP as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the Intellectual Property Laws Amendment Act 28 of 2013, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
(2) a statement that you consent to the jurisdiction of the courts of South Africa.
(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent.
(4) your name, address, and telephone number.
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled because of a mistake or misidentification of the material to be removed or disabled.
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Contact
Charl Hugo
Charl@ican-automation.co.za
+27 (0) 21 001 4226