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) 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, and expressions of
sacred places;
‘indigenous design’ means an aesthetic or functional design 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 design is regarded as part of the
heritage of the community: Provided that—
(a) an aesthethic indigenous design shall be registered as ‘‘TA’’
and refers to an indigenous design applied to an article 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 indigenous design shall be registered as ‘‘TF’’ and
refers to an indigenous design applied to an article 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 article to which the indigenous design is applied, is to
perform;’’;
(g) by the insertion after the definition of ‘‘Minister’’ of the following definition:
‘‘ ‘National Trust’ means the National Trust for Indigenous Knowledge
established by section 28I of the Copyright Act and which functions as
the National Trust for traditional designs in terms of section 53G;’’;
(h) by the addition in the definition of ‘‘proprietor’’ after paragraph (d) of the
following paragraphs:
‘‘(e) where the design is a traditional design and—
(i) the author of the design cannot be determined;
(ii) the author of the design is an indigenous community which
is no longer in existence; or
(iii) the design cannot be shared between the indigenous
communities claiming authorship for whatsoever reason,
the National Trust; or
(f) where the design is a traditional design, the member of the
indigenous community who authored the design, or where the
design was developed by the indigenous community as a whole, or
by a large portion thereof, or is an indigenous design, the indigenous
community or a person authorised to act on its behalf;’’; and
(i) by the insertion in subsection (1) after the definition of ‘‘this Act’’ of the
following definition:
‘‘ ‘traditional design’ includes an indigenous design and a derivative
indigenous design;’’.
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Insertion of sections 53A, 53B, 53C, 53D, 53E, 53F, 53G, 53H, 53I, 53J, 53K and 50
53L in Act 195 of 1993
12. The following sections are hereby inserted in the Designs Act, 1993 (Act No. 195
of 1993), after section 53: