Intellectual Property Laws Amendment Act 2013 • Page 17 • ICT Policy Africa

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) a community recognised in the speciﬁed country as an indigenous
community shall be deemed to be an indigenous community as deﬁned
in this Act; and
(b) a traditional work recognised in the speciﬁed country as a traditional
work shall be deemed to be a traditional work as deﬁned in this Act.
(2) The Minister may in the notice contemplated in subsection (1) make
the provisions of this Act applicable to the following in respect of a country
listed in the notice:
(a) Its citizens or subjects;
(b) persons who at material times are domiciled or resident in the listed
country and who are members of an indigenous community in that
country; and
(c) juristic persons incorporated under the laws of the speciﬁed country
and representing indigenous communities of that country.
(3) The notice referred to in subsection (1) may—
(a) include exceptions or modiﬁcations to the application of the Act in
respect of a speciﬁed country;
(b) provide for general application of the Act; or
(c) limit application of the Act to such types of traditional works as may
be speciﬁed.
(4) No notice shall be issued under this section in respect of any country
which is not a party to a convention relating to copyright to which the
Republic is also a party, unless the Minister is satisﬁed that, in respect of the
class of works to which the notice relates, provision has been or will be
made under the laws of that country whereby adequate protection will be
given to owners of copyright in traditional works under this Act.’’.

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Amendment of section 39 of Act 98 of 1978, as amended by section 4 of Act 9 of 2002
5. Section 39 of the Copyright Act, 1978 (Act No. 98 of 1978), is hereby amended—
(a) by the substitution for paragraph (c) of the following paragraph:
‘‘(c) in consultation with the Minister of Finance, prescribing the
remuneration and allowances of members of the advisory committee referred to in section 40, the Council referred to in section 28L,
and of [its] their subcommittees, and the conditions upon which
such members shall be appointed;’’;
(b) by the substitution for paragraph (cA) of the following paragraph:
‘‘(cA) in consultation with the Minister of Finance, providing for the
establishment, composition, funding and functions of collecting
societies contemplated in section 9A, and any other matter that it
may be necessary or expedient to regulate for the proper
functioning of such societies whether in respect of copyright or
any other type of intellectual property;’’; and
(c) by the addition after paragraph (cA) of the following paragraphs:
‘‘(cB) providing for the recording of indigenous cultural expressions or
knowledge as contemplated in section 28C, including issues
related to—
(i) the manner in which information on indigenous cultural
expressions or knowledge is kept;
(ii) fees payable for access to inspect the databases;
(iii) processes and formalities related to the submission of an
application; and
(iv) criteria to be met for indigenous cultural expressions or
knowledge to be entered into the databases;
(cC) prescribing the nature of the entities envisaged by section 28I(8)
including issues related to—

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