No. 37148
GOVERNMENT GAZETTE, 10 December 2013
Act No. 28 of 2013
2
Intellectual Property Laws Amendment Act, 2013
GENERAL EXPLANATORY NOTE:
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Words in bold type in square brackets indicate omissions from
existing enactments.
Words underlined with a solid line indicate insertions in
existing enactments.
(English text signed by the President)
(Assented to 9 December 2013)
ACT
To provide for the recognition and protection of certain manifestations of
indigenous knowledge as a species of intellectual property; to this end to amend
certain laws so as to provide for the protection of relevant manifestations of
indigenous knowledge as a species of intellectual property, namely—
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the Performers’ Protection Act, 1967, to provide for the recognition and
protection of performances of traditional works;
the Copyright Act, 1978, to provide for the recognition and protection of
indigenous works; to provide for the establishment of a National Council in
respect of indigenous knowledge; to provide for National Databases for
recording indigenous knowledge and to provide for the recording of
indigenous works; and to provide for the establishment of a National Trust
Fund for Indigenous Knowledge;
the Trade Marks Act, 1993, to provide for the recognition of indigenous terms
and expressions and for the registration of such terms and expressions as trade
marks; to create for this purpose a further part of the trade marks register; to
provide for the recording of indigenous terms and expressions; and to provide
for further protection of geographical indications;
the Designs Act, 1993, to provide for the recognition and registration of
indigenous designs; to create for this purpose a further part of the designs
register; and
to introduce statutory provisions to provide for the establishment of a National
Council in respect of indigenous knowledge, a National Database for the
recording of indigenous knowledge and a National Trust and Trust Fund for
purposes of indigenous knowledge;
and to provide for matters incidental thereto.
PREAMBLE
WHEREAS it is important, in order to give effect to the recognition of cultural
values and the freedom to participate in cultural activities as contemplated in sections
30 and 31 of the Constitution of the Republic of South Africa, 1996, that the wealth
of indigenous knowledge held by the indigenous people of South Africa be recognised, preserved, protected and promoted and made accessible to the public; and
WHEREAS it is necessary to recognise indigenous knowledge as a valuable economic as well as a cultural resource, and therefore to create a legal dispensation for
the commercial exploitation of indigenous knowledge in a manner that will benefit