No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 4 Intellectual Property Laws Amendment Act, 2013 4 the country and will ensure that fair financial benefits will also be received by indigenous communities and persons; and WHEREAS principles have been agreed upon by international bodies, amongst others the World Trade Organisation and the United Nations, confirming that indigenous knowledge should be recognised and protected by appropriate legal instruments, on national level as well as internationally; and WHEREAS indigenous knowledge includes works, terms, expressions and designs, which are the outcome of the creative ability of the human mind and in that context has aspects which constitute types of intellectual property, so that the intellectual property laws of the country may be used as the legal dispensation and legal tool to provide protection for these appropriate manifestations of indigenous knowledge; and WHEREAS certain manifestations of indigenous knowledge have already been recognised and protected by the Patents Amendment Act, 2005, and certain further manifestations of indigenous knowledge are to be protected by way of this legislation, appropriate amendments are required to be made to the Performers’ Protection Act, 1967, the Copyright Act, 1978, the Trade Marks Act, 1993, and the Designs Act, 1993, B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows: Amendment of section 1 of Act 11 of 1967, as amended by section 19 of Act 38 of 1997 and section 1 of Act 8 of 2002 1. Section 1 of the Performers’ Protection Act, 1967 (Act No.11 of 1967), is hereby amended— (a) by the insertion in subsection (1) before the definition of ‘‘broadcasting’’ of the following definition: ‘‘ ‘artistic works’ have the meaning assigned to it in the Copyright Act in so far as such works are capable of being performed, and include musical, dramatic, dramatico-musical works and traditional works;’’; (b) by the insertion in subsection (1) after the definition of ‘‘broadcaster’’ of the following definition: ‘‘ ‘cinematograph film’ means any fixation of images, or of images and sounds, of a performance with or without other images or sounds;’’; (c) by the insertion in subsection (1) after the definition of ‘‘collecting society’’ of the following definitions: ‘‘ ‘Commission’ means the Commission established in terms of section 185 of the Companies Act, 2008 (Act No. 71 of 2008); ‘Copyright Act’ means the Copyright Act, 1978 (Act No. 98 of 1978); ‘Council’ means the National Council for Indigenous Knowledge as defined in section 1 of the Copyright Act; ‘dramatic works’ have the meaning assigned to it in the Copyright Act in so far as such works are capable of being performed, and include musical, dramatic, dramatico-musical works and traditional works;’’; (d) by the substitution in subsection (1) for the definition of ‘‘fixation’’ of the following definition: ‘‘ ‘fixation’ includes storage of— (a) sounds or images or both sounds and images; or (b) data or signals representing sounds or images or both sounds and images, in any manner or on any medium so as to be capable of being reproduced or performed;’’; (e) by the insertion in subsection (1) after the definition of ‘‘fixation’’ of the following definitions: ‘‘ ‘literary works’ have the meaning assigned to it in the Copyright Act in so far as such works are capable of being performed, and include musical, dramatic, dramatico-musical works and traditional works; ‘musical works’ have the meaning assigned to it in the Copyright Act in so far as such works are capable of being performed, and include musical, dramatic, dramatico-musical works and traditional works;’’; 5 10 15 20 25 30 35 40