No. 37148
GOVERNMENT GAZETTE, 10 December 2013
Act No. 28 of 2013
8
Intellectual Property Laws Amendment Act, 2013
8
Disputes
8B. (1) The Commission must accredit certain institutions which have
the necessary capacity, to adjudicate any dispute arising from the
application of the Intellectual Property Laws Amendment Act, 2013.
(2) Any dispute arising from the application of the Intellectual Property
Laws Amendment Act, 2013, must first be instituted in an institution
accredited as contemplated in subsection (1).
(3) No person appearing in proceedings before an institution contemplated in subsection (1) shall have the right to legal representation unless —
(a) the adjudicator and all other parties consent; or
(b) the adjudicator, after considering—
(i) the nature of the questions of law raised by the dispute;
(ii) the relative complexity and importance of the dispute; and
(iii) the comparative ability of the parties to represent themselves
in the adjudication,
concludes that it would be unreasonable to expect a party to deal with
the adjudication without legal representation.
(4) Any adjudication must take into account existing customary dispute
resolution mechanisms.
(5) The decision of the institution referred to in subsection (1) may be
served, executed and enforced as if it was an order of the High Court.
(6) Any party to proceedings before an institution referred to in
subsection (1) may appeal to a court of law against any decision of such
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 dispute resolution
proceedings.
Council
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8C. (1) The Council shall function as the Council for performances of
traditional works under this Act.
(2) When a performance of a traditional work is performed by several
performers as a group, as contemplated in section 6, the Council shall, in
the absence of another specifically designated authority, function and be 35
regulated as the authority contemplated in section 6.
Regulations and guidelines
8D. (1) The Minister may, after consultation with the Council, make
regulations—
(a) providing for the fees, processes and formalities related to the 40
institution of dispute resolution proceedings set out in section 8B; or
(b) as to any matter required or permitted by this Act to be prescribed.
(2) The Minister may issue guidelines on any aspect of the Intellectual
Property Laws Amendment Act, 2013, including—
(a) protection of the performance of a traditional work;
45
(b) the Council, in so far as it relates to the performance of a traditional
work; and
(c) the dispute resolution process set out in section 8B.’’.
Amendment of section 1 of Act 98 of 1978, as amended by section 1 of Act 66 of
1983, section 1 of Act 52 of 1984, section 1 of Act 13 of 1988, section 1 of Act 125 of 50
1992, section 50 of Act 38 of 1997 and section 1 of Act 9 of 2002
3. Section 1 of the Copyright Act, 1978 (Act No. 98 of 1978), is hereby amended—