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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(4) No notice shall be issued under this section in respect of any country
which is not a party to a convention relating to trade marks to which the
Republic is also a party, unless the Minister is satisfied that, in respect of the
class of traditional terms and expressions and geographical indications 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
traditional trade marks under this Act.
(5) Section 35 shall, with the necessary changes required by the context,
apply in respect of traditional terms or expressions.’’.
Amendment of section 69 of Act 194 of 1993
10. Section 69 of the Trade Marks Act, 1993 (Act No. 194 of 1993), is hereby
amended by the addition after subsection (3) of the following subsections:
‘‘(4) The Minister may make regulations providing for the fees, processes and
formalities related to the submission and adjudication of a dispute set out in section
43I.
(5) The Minister may make regulations in consultation with the Minister of
Finance, providing for the establishment, composition, funding and functions of
collecting societies contemplated in section 43F, and any other matter that it may be
necessary or expedient to regulate for the proper functioning of such societies.
(6) The Minister may make regulations providing for the appointment of a
person to act on behalf of an indigenous community which is no longer in
existence.
(7) The Minister may prescribe the value of a commercial benefit contemplated
in section 43F(7).
(8) The Minister may issue guidelines on any aspect of the Intellectual Property
Laws Amendment Act, 2013, including—
(a) protection of traditional terms and expressions and geographical indications;
(b) examples and other measures to identify traditional terms and expressions and
geographical indications;
(c) the database, in so far as it relates to traditional terms and expressions and
geographical indications;
(d) the National Trust and Fund, in so far as it relates to traditional terms and
expressions and geographical indications;
(e) the Council, in so far as it relates to traditional terms and expressions and
geographical indications; and
(f) the dispute process as set out in section 43I.’’.
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35
Amendment of section 1 of Act 195 of 1993, as amended by section 69 of Act 38 of
1997
11. Section 1 of the Designs Act, 1993 (Act No. 195 of 1993), is hereby amended—
(a) by the insertion in subsection (1) after the definition of ‘‘cessionary’’ of the 40
following definitions:
‘‘ ‘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 designs;
(b) negotiates for and collects royalties and benefits on behalf of 45
its members; and
(c) distributes royalties and benefits to design owners;
‘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 indig- 50
enous designs, and provides procedures for prospective users of such
indigenous cultural expressions or knowledge or indigenous designs, to