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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(i)
(ii)
governance of the entities; and
interaction of the entities with the National Trust and the
Council;
(cD) providing for the fees, processes and formalities related to the
submission and adjudication of a dispute set out in section 28K;
and
(cE) providing for the appointment of a person to act on behalf of an
indigenous community which is no longer in existence;’’.
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Insertion of section 39A in Act 98 of 1978
6. The following section is hereby inserted after section 39 of the Copyright Act, 1978 10
(Act No. 98 of 1978):
‘‘Guidelines
39A. (1) The Minister may issue guidelines on any aspect of the
Intellectual Property Laws Amendment Act, 2013, including—
(a) protection of indigenous cultural expressions or knowledge;
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(b) reducing traditional work that is eligible for copyright due to it being
capable of substantiation from the collective memory of the relevant
indigenous community, to material form for purposes of protection
thereof;
(c) the databases, in so far as it relates to indigenous cultural expressions 20
or knowledge;
(d) the National Trust and Fund, in so far as it relates to indigenous
cultural expressions or knowledge;
(e) the Council, in so far as it relates to indigenous cultural expressions or
knowledge; and
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(f) the dispute process as set out in section 28K.’’.
Amendment of section 1 of Act 194 of 1993, as amended by section 65 of Act 38 of
1997
7. Section 1 of the Trade Marks Act, 1993 (Act No. 194 of 1993), is hereby amended
by the insertion after the heading ‘‘Part XII Certification Trade Marks and Collective 30
Trade Marks (sections 42 and 43)’’ of the following heading:
‘‘Part XIIA Traditional terms and expressions and geographical indications
(sections 43A to 43L)’’.
Amendment of section 2 of Act 194 of 1993
8. Section 2 of the Trade Marks Act, 1993 (Act No. 194 of 1993), is hereby
amended—
(a) by the insertion in subsection (1) after the definition of ‘‘certification trade
mark’’ of the following definition:
‘‘ ‘collecting society’ means a collecting society created by the
Copyright Act, this Act, or by agreement and which amongst others—
(a) manages matters related to rights in trade marks;
(b) negotiates for and collects licence fees and benefits on behalf of its
members; and
(c) distributes licence fees and benefits to trade mark owners;’’;
(b) by the insertion in subsection (1) after the definition of ‘‘collective trade
mark’’ of the following definition:
‘‘ ‘community protocol’ means a protocol developed by an indigenous
community that describes the structure of the indigenous community
and its claims to indigenous cultural expressions or knowledge and
indigenous terms or expressions or geographical indications, and
provides procedures for prospective users of such indigenous cultural
expressions or knowledge or indigenous terms or expressions or
geographical indications, to seek the community’s prior informed
consent, negotiate mutually agreed terms and benefit-sharing
agreements;’’;
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