No. 37148
GOVERNMENT GAZETTE, 10 December 2013
Act No. 28 of 2013
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Intellectual Property Laws Amendment Act, 2013
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(17) Upon receipt of a request to amend or remove any indigenous
cultural expressions or knowledge recorded in a database, the registrars of
patents, copyright, trade marks and designs shall—
(a) where the request did not originate from the owner or proprietor of the
indigenous cultural expressions or knowledge—
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(i) notify said owner or proprietor of the request;
(ii) require a written response from said owner or proprietor to be
submitted to the registrars of patents, copyright, trade marks
and designs within a stipulated time frame;
(iii) upon receipt of the written response from the said owner or 10
proprietor, refer the matter for dispute resolution as set out in
section 28K; and
(iv) implement the decision of the dispute resolution institution
referred to in section 28K; or
(b) where the request originated from the owner or proprietor of the 15
indigenous cultural expressions or knowledge—
(i) consider the request as set out in subsection (16); and
(ii) consider any opposition received as set out in subsection (12).
(18) The Minister may, in consultation with the Minister of Finance,
prescribe the tariff of fees payable for access by any person to the databases. 20
Ownership of copyright
28D. (1) For the purposes of this Act, an indigenous community is
deemed to be a juristic person.
(2) Subject to the provisions of this section as well as section 21, the
ownership of any copyright conferred by sections 3 and 28B on any 25
traditional work shall vest in the author.
(3) The ownership of any copyright conferred by sections 3 and 28B,
shall vest in the National Trust established by section 28I, to be
administered for the benefit of the relevant indigenous communities, in the
manner prescribed in section 28I, if—
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(a) the author cannot be determined;
(b) the author is an indigenous community which is no longer in
existence; or
(c) the authorship cannot be shared between more than one indigenous
community claiming authorship, for whatever reason.
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Nature of copyright in traditional works
28E. (1) Copyright in a traditional work vests the exclusive right to do or
to authorise the doing of any of the following acts in the Republic:
(a) Reproducing the traditional work in any manner or form;
(b) reproducing the cinematograph film in which the traditional work is
included in any manner or form, including making a still photograph
thereof;
(c) publishing the traditional work if it was hitherto unpublished;
(d) in the case of a traditional work of a literary or musical nature,
performing the traditional work in public and broadcasting the work or
causing a communication to the public of the work, by wire or wireless
means, including the making available to the public of the work in
such a way that members of the public may access the work from a
place and at a time individually chosen by them;
(e) in the case of a traditional work of a musical or artistic nature, or a
traditional work of a literary nature in the form of a dramatic work, to
include the traditional work in a cinematograph film, television
broadcast or a sound recording;
(f) broadcasting the traditional work, or the cinematograph film or sound
recording in which the traditional work is included;
(g) causing the cinematograph film in which the traditional work is
included, in so far as it consists of images, to be seen in public, or, in
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