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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(c) by the insertion in subsection (1) after the definition of ‘‘convention country’’
of the following definitions:
‘‘ ‘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;’’;
(d) by the insertion in subsection (1) after the definition of ‘‘court’’ of the
following definition:
‘‘ ‘database’ means the relevant section of the National Database for
Indigenous Knowledge as defined in section 1 of the Copyright Act;’’;
(e) by the insertion in subsection (1) after the definition of ‘‘deed of security’’ of
the following definition:
‘‘ ‘derivative indigenous term or expression’ means any term or
expression forming the subject of this Act, applied to any form of
indigenous term or expression recognised by an indigenous community
as having an indigenous or traditional origin, and a substantial part of
which was derived from indigenous cultural expressions or knowledge
irrespective of whether such derivative indigenous term or expression
was derived before or after the commencement of the Intellectual
Property Laws Amendment Act, 2013;’’;
(f) by the insertion in subsection (1) after the definition of ‘‘device’’ of the
following definitions:
‘‘ ‘Fund’ means the National Trust Fund for Indigenous Knowledge as
defined in section 1 of the Copyright Act;
‘geographical indication’ in as far as it relates to indigenous cultural
expressions or knowledge, means an indication which identifies goods or
services as originating in the territory of the Republic or in a region or
locality in that territory, and where a particular quality, reputation or
other characteristic of the goods or services is attributable to the
geographical origin of the goods or services, including natural and
human factors;
‘indigenous community’ means any recognisable community of people
originated in or historically settled in a geographic area or areas located
within the borders of the Republic, as such borders existed at the date of
commencement of the Intellectual Property Laws Amendment Act, 2013,
characterised by social, cultural and economic conditions which distinguish them from other sections of the national community, and who
identify themselves and are recognised by other groups as a distinct
collective;
‘indigenous cultural expressions or knowledge’ means any form,
tangible or intangible, or a combination thereof, in which traditional
culture and knowledge are embodied, passed on between generations,
and tangible or intangible forms of creativity of indigenous communities,
including, but not limited to—
(a) phonetic or verbal expressions, such as stories, epics, legends,
poetry, riddles and other narratives, words, signs, names and
symbols;
(b) musical or sound expressions, such as songs, rhythms, and
instrumental music, the sounds which are the expression of rituals;
(c) expressions by action, such as dances, plays, ceremonies, rituals,
expressions of spirituality or religion, sports, traditional games,
puppet performances, and other performances, whether fixed or
unfixed; and
(d) tangible expressions, such as material expressions of art, handicrafts, architecture, or tangible spiritual forms, or expressions of
sacred places;
‘indigenous term or expression’ means a literary, artistic or musical
term or expression with an indigenous or traditional origin and a
traditional character, including indigenous cultural expressions or
knowledge which was created by persons who are or were members,
currently or historically, of an indigenous community and which is
regarded as part of the heritage of the community;’’;
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