Intellectual Property Laws Amendment Act 2013 • Page 35 • 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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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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Council
53J. The Council shall advise on matters relating to traditional designs
under this Act.
Compliance with international agreements
53K. (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) a traditional design recognised in the speciﬁed country as a traditional
design shall be deemed to be a traditional design as deﬁned in this Act.
(2) The Minister may in the notice in subsection (1) make the provisions
of this Act applicable to the following in respect of a country speciﬁed in
the notice:
(a) Its citizens or subjects;
(b) persons who at material times are domiciled or resident in the speciﬁed
country and who are members of an indigenous community in that
country; and
(c) juristic persons incorporated under the laws of the speciﬁed country
and representing indigenous communities of that country.
(3) The notice 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 designs as may
be speciﬁed.
(4) No notice shall be issued under this section in respect of any country
which is not a party to an international agreement relating to designs to
which the Republic is also a party, unless the Minister is satisﬁed that, in
respect of the class of designs 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 designs under this Act.’’.

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Amendment of section 54 of Act 195 of 1993
13. Section 54 of the Designs Act, 1993 (Act No. 195 of 1993), is hereby amended— 40
(a) by the substitution for paragraph (a) of the following paragraph:
‘‘(a) with the concurrence of the Minister of [State Expenditure]
Finance, prescribing the matters in respect of which fees shall be
payable, and the tariff of such fees;’’; and
(b) by the addition after paragraph (f) of the following paragraphs:
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‘‘(fA) providing for the fees, processes and formalities related to the
submission and adjudication of a dispute set out in section 53I;
(fB) in consultation with the Minister of Finance, providing for the
establishment, composition, funding and functions of collecting
societies contemplated in section 53F, and any other matter that it 50
may be necessary or expedient to regulate for the proper
functioning of such societies;