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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(a) by the addition to the definition of ‘‘author’’ of the following paragraphs after
paragraph (i):
‘‘(j) a derivative indigenous work, means the person who first made or
created the work, a substantial part of which was derived from an
indigenous work; and
(k) an indigenous work, means the indigenous community from which
the work originated and acquired its traditional character;’’;
(b) by the substitution in subsection (1) for the definition of ‘‘collecting society’’
of the following definition:
‘‘ ‘collecting society’ means a [collecting] society [established under]
created by this Act, or agreement and which amongst others—
(a) manages matters related to rights in copyright works;
(b) negotiates for, and collects royalties and benefits on behalf of its
members; and
(c) distributes royalties and benefits to copyright owners;’’;
(c) by the insertion in subsection (1) after the definition of ‘‘collecting society’’ of
the following definitions:
‘‘ ‘Commission’ means the Commission established in terms of section
185 of the Companies Act, 2008 (Act No. 71 of 2008);
‘community protocol’ means a protocol developed by an indigenous
community that describes the structure of the indigenous community and
its claims to indigenous cultural expressions or knowledge and indigenous works, and provides procedures for prospective users of such
indigenous cultural expressions or knowledge or indigenous works, to
seek the community’s prior informed consent, negotiate mutually agreed
terms and benefit-sharing agreements;’’;
(d) by the insertion in subsection (1) after the definition of ‘‘copyright’’ of the
following definition:
‘‘ ‘Council’ means the National Council for Indigenous Knowledge
contemplated in section 28L;’’;
(e) by the insertion in subsection (1) after the definition of ‘‘country’’ of the
following definitions:
‘‘ ‘database’ means the National Database for Indigenous Knowledge
contemplated in section 28C;
‘derivative indigenous work’ means any work forming the subject of
this Act, applied to any form of indigenous work 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 work was derived before or after the commencement of the
Intellectual Property Laws Amendment Act, 2013;’’;
(f) by the insertion in subsection (1) after the definition of ‘‘exclusive licence’’ of
the following definitions:
‘‘ ‘Fund’ means the National Trust Fund for Indigenous Knowledge
established in terms of section 28I;
‘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,
and 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 or
symbols;
(b) musical or sound expressions, such as songs, rhythms, or instrumental music, the sounds which are the expression of rituals;
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