GOVERNMENT GAZE’ME, 9 DECEMBER 2005
“(3A) Every applicant who lodges an application for a patentaccompanied by a complete specification shall, before acceptance of the
application, lodge with the registrar a statement in the prescribed manner
stating whether or not the invention for which protection is claimed is based
on or derived from an indigenous biological resource, genetic resource, or 5
traditional knowledge or use.
(3B) The registrar shall call upon the applicant to furnish proof in the
prescribed manner as to his or her title or authority to make use of the
indigenous biological resource, genetic resource, or of the traditional
knowledge or use if an applicant lodges a statement that acknowledges that 10
the invention for which protection is claimed is based on or derived from an
indigenous biological resource, genetic resource, or traditional knowledge or
use.”.
Amendment of section 61 of Act 57 of 1978, as amended by section 12 of Act 58 of
2002
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3. Section 61 of the principal Act is hereby amended by the substitution in subsection
(1) for paragraph (8) of the following paragraph:
“(g) that the prescribed declaration lodged in respect of the application for the
patent or the statement lodged in terms of section 30(3A) contains a false
statement or representation which is material and which the patentee knew
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ought reasonably to have known to be false at the time when the [declaration]
statement or representation was made;”.
Short title and commencement
4. This Act is called the Patents Amendment Act, 2005, and comes into operation on
a date fixed by the President by proclamation in the Gazette.
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