No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 50 Intellectual Property Laws Amendment Act, 2013 50 Disputes 43I. (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 a dispute. 5 10 15 20 25 National Council 43J. The Council must advise the registrars of patents, copyright, trade 30 marks and designs on the registration of traditional terms and expressions under this Act. Compliance with international agreements 43K. (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) traditional terms and expressions and geographical indications recognised in the specified country as traditional terms and expressions and geographical indications shall be deemed to be traditional terms and expressions and geographical indications as defined in this Act. (2) The Minister may in the notice in subsection (1) make the provisions of this Act applicable, in respect of a country listed in the notice— (a) to its citizens or subjects; (b) to persons who at material times are domiciled or resident in the listed country and who are members of an indigenous community in that country; and (c) to juristic persons incorporated under the laws of the specified country and representing indigenous communities of that country. (3) The notice referred to 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 terms and expressions and geographical indications as may be specified. 35 40 45 50 55