Intellectual Property Laws Amendment Act 2013 • Page 26 • 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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Disputes
43I. (1) The Commission must accredit certain institutions which have
the necessary capacity, to adjudicate any dispute arising from the
application of the Intellectual Property Laws Amendment Act, 2013.
(2) Any dispute arising from the application of the Intellectual Property
Laws Amendment Act, 2013, must ﬁrst be instituted in an institution
accredited as contemplated in subsection (1).
(3) No person appearing in proceedings before an institution contemplated in subsection (1) shall have the right to legal representation unless—
(a) the adjudicator and all other parties consent; or
(b) the adjudicator, after considering—
(i) the nature of the questions of law raised by the dispute;
(ii) the relative complexity and importance of the dispute; and
(iii) the comparative ability of the parties to represent themselves
in the adjudication,
concludes that it would be unreasonable to expect a party to deal with
the adjudication without legal representation.
(4) Any adjudication must take into account existing customary dispute
resolution mechanisms.
(5) The decision of the institution referred to in subsection (1) may be
served, executed and enforced as if it was an order of the High Court.
(6) Any party to proceedings before an institution referred to in
subsection (1) may appeal to a court of law against any decision of such
institution, and the appeal must be noted and dealt with in the manner
prescribed by law for appeals against a civil order or decision of a single
judge.
(7) The Minister shall prescribe the fees, processes and formalities
relating to the institution and adjudication of a dispute.

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National Council
43J. The Council must advise the registrars of patents, copyright, trade 30
marks and designs on the registration of traditional terms and expressions
under this Act.
Compliance with international agreements
43K. (1) The Minister may by notice in the Gazette provide that any
provision of this Act speciﬁed in such notice shall in the case of any country
so speciﬁed apply so that—
(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) traditional terms and expressions and geographical indications
recognised in the speciﬁed country as traditional terms and expressions and geographical indications shall be deemed to be traditional
terms and expressions and geographical indications as deﬁned in this
Act.
(2) The Minister may in the notice in subsection (1) make the provisions
of this Act applicable, in respect of a country listed in the notice—
(a) to its citizens or subjects;
(b) to 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) to 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 terms and
expressions and geographical indications as may be speciﬁed.

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