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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(b)
(c)
(d)
(e)
(f)
seek the community’s prior informed consent, negotiate mutually agreed
terms and benefit-sharing agreements;’’;
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;’’;
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;’’;
by the insertion in subsection (1) after the definition of ‘‘date of application’’
of the following definition:
‘‘ ‘derivative indigenous design’ means any aesthetic or functional
design forming the subject of this Act, applied to any form of indigenous
design 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 design was derived before or after the
commencement of the Intellectual Property Laws Amendment Act, 2013:
Provided that—
(a) an aesthethic derivative indigenous design shall be registered
as ‘‘TA’’ and refers to a derivative indigenous design applied to
an indigenous design for the pattern or the shape or the
configuration or the ornamentation thereof, or for two or more
of those purposes, and by whatever means it is applied, having
features which appeal to and are judged solely by the eye,
irrespective of the aesthetic quality thereof; and
(b) a functional derivative indigenous design shall be registered as
‘‘TF’’ and refers to a derivative indigenous design applied to an
indigenous design for the pattern or the shape or the
configuration thereof, or for two or more of those purposes,
and by whatever means it is applied, having features which are
necessitated by the function which the indigenous design to
which the derivative indigenous design is applied, is to
perform;’’;
by the substitution for the definition of ‘‘design’’ of the following definition:
‘‘ ‘design’ means an aesthetic design [or], a functional design or a
traditional design;’’;
by the insertion in subsection (1) after the definition of ‘‘functional design’’ of
the following definitions:
‘‘ ‘Fund’ means the National Trust Fund for Indigenous Knowledge as
defined in section 1 of the Copyright Act;
‘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,
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;
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