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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(a) if the Council fails to perform its functions in an effective and efficient
manner; and
(b) on the grounds of mismanagement.
(13) When the Minister dissolves the Council in terms of subsection (12),
the Minister may appoint an interim body for the continued governance and 5
control of the affairs of the Council, on such conditions as the Minister may
determine.
(14) The body contemplated in subsection (13) must be appointed for a
period not exceeding six months or until the new Council is appointed in
terms of subsection (2), whichever is the lesser.
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(15) The Commission shall be responsible for the administration of the
Council, and its subcommittees.
Functions of Council
28M. (1) The Council shall—
(a) advise the Minister on any matter concerning indigenous cultural
expressions or knowledge;
(b) advise the registrars of patents, copyright, trade marks, and designs on
any matter relating to the registration of indigenous cultural expressions or knowledge;
(c) advise the Minister on matters relating to performances of traditional
work;
(d) advise on the integrity of a database of intellectual property in relation
to indigenous cultural expressions or knowledge;
(e) perform such further functions as provided for in the—
(i) Patents Act, 1978 (Act No. 57 of 1978);
(ii) Trade Marks Act, 1993 (Act No. 194 of 1993);
(iii) Designs Act, 1993 (Act No. 195 of 1993); and
(iv) Performers’ Protection Act, 1967 (Act No. 11 of 1967);
(f) refer any dispute received, to an institution contemplated in section
28K(1); and
(g) carry out such tasks as assigned to it from time to time by the Minister.
(2) The Council may—
(a) appoint any person to assist the Council with the performance of any
specific act, task or assignment, or to investigate any matter relating to
its functions;
(b) constitute and maintain such committees as it may deem necessary;
(c) appoint as members of the committees any of its members and any
other persons, for such periods of time as the Council may determine;
and
(d) refer to such committees any tasks or matters as may be necessary to
enable the Council to carry out its functions.
(3) The Minister may, in consultation with the Minister of Finance,
prescribe the tariff of fees payable for—
(a) any work performed or services rendered by any person at the specific
request or instruction of the Council;
(b) access by any person to the results of, or other information in
connection with any research performed or information collected by
the Council; and
(c) access by any person to the databases contemplated in section 28C.
(4) The Council may recommend to the Minister appropriate measures to
ensure the effective implementation of the Act in relation to all matters
pertaining to indigenous cultural expressions or knowledge relating to
performers’ rights, copyright, trade marks, designs and patents.
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Compliance with international agreements
28N. (1) The Minister may by notice in the Gazette provide that any 55
provision of this Act specified in such notice shall, in the case of any
country so specified, apply so that—