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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derivative indigenous design of an aesthetic nature and as ‘‘TF’’ if it is an
indigenous design or derivative indigenous design of a functional nature.
(13) An indigenous design may be registered only in Part T of the
database.
(14) Save for as otherwise provided in this section, sections 14, 15, 16, 5
17, 18, 19 and 31 shall apply, with necessary changes, in relation to the
registration of a traditional design.
(15) If in the case of a traditional design the registrars of patents,
copyright, trade marks and designs is in doubt as to whether or not the
application complies with the requirements of the Act, the registrars of 10
patents, copyright, trade marks and designs shall refer the application to the
Council for advice.
(16) The Council shall consider such application and advise the registrars
of patents, copyright, trade marks and designs within three months of the
referral whether or not, in its opinion, the design can be registered.
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(17) Upon receipt of the advice of the Council, the registrars of patents,
copyright, trade marks and designs shall either—
(a) register the design if it is found to comply with the requirements of the
Act; or
(b) refuse the application.
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(18) In the case of any traditional design being registered as contemplated in subsection (12) or (17)(a), the registrars of patents, copyright,
trade marks and designs shall notify the Council.
Effect of registration of traditional design
53D. The provisions of section 20 shall, with necessary changes, apply. 25
Period of protection
53E. (1) The duration of the registration of—
(a) a traditional design registered in terms of section 53B(2)(a) or
53B(2)(b) shall be in respect of—
(i) an aesthetic derivative indigenous design, 15 years from the 30
date of registration or from the release date, whichever date is
earlier, and
(ii) a functional derivative indigenous design, 10 years from the
date of registration or from the release date, whichever date is
earlier,
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subject to the payment of the prescribed renewal fee; and
(b) an indigenous design as set out in section 53B(5) shall be in perpetuity.
(2) Any application in terms of section 31 relating to the revocation of a
traditional design shall also be served on the Council in the prescribed
manner.
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(3) If the Council is served with an application for the revocation of a
traditional design as contemplated in subsection (2), the Council shall
notify the registrars of patents, copyright, trade marks and designs within
the prescribed period whether it intends to contest the revocation.
Infringement, exceptions, royalties and benefits
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53F. (1) Notwithstanding section 35(9) and (10), the proprietor of a
traditional design shall not be entitled to interfere with or restrain a person
who commenced making, importing, using or disposing of any articles
included in the class in which the traditional design is registered and
embodying—
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(a) the traditional design; or
(b) a design not substantially different from the traditional design,
prior to the commencement of the Intellectual Property Laws Amendment
Act, 2013: Provided that if any commercial benefit is derived from any such