No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 56 Intellectual Property Laws Amendment Act, 2013 56 (c) expressions by action, such as dances, plays, ceremonies, rituals, expressions of spirituality or religion, sports, traditional games, puppet performances, and other performances, whether fixed or unfixed; and (d) tangible expressions, such as material expressions of art, handicrafts, architecture, or tangible spiritual forms, and expressions of sacred places; ‘indigenous design’ means an aesthetic or functional design with an indigenous or traditional origin and a traditional character, including indigenous cultural expressions or knowledge which was created by persons who are or were members, currently or historically, of an indigenous community and which design is regarded as part of the heritage of the community: Provided that— (a) an aesthethic indigenous design shall be registered as ‘‘TA’’ and refers to an indigenous design applied to an article for the pattern or the shape or the configuration or the ornamentation thereof, or for two or more of those purposes, and by whatever means it is applied, having features which appeal to and are judged solely by the eye, irrespective of the aesthetic quality thereof; and (b) a functional indigenous design shall be registered as ‘‘TF’’ and refers to an indigenous design applied to an article for the pattern or the shape or the configuration thereof, or for two or more of those purposes, and by whatever means it is applied, having features which are necessitated by the function which the article to which the indigenous design is applied, is to perform;’’; (g) by the insertion after the definition of ‘‘Minister’’ of the following definition: ‘‘ ‘National Trust’ means the National Trust for Indigenous Knowledge established by section 28I of the Copyright Act and which functions as the National Trust for traditional designs in terms of section 53G;’’; (h) by the addition in the definition of ‘‘proprietor’’ after paragraph (d) of the following paragraphs: ‘‘(e) where the design is a traditional design and— (i) the author of the design cannot be determined; (ii) the author of the design is an indigenous community which is no longer in existence; or (iii) the design cannot be shared between the indigenous communities claiming authorship for whatsoever reason, the National Trust; or (f) where the design is a traditional design, the member of the indigenous community who authored the design, or where the design was developed by the indigenous community as a whole, or by a large portion thereof, or is an indigenous design, the indigenous community or a person authorised to act on its behalf;’’; and (i) by the insertion in subsection (1) after the definition of ‘‘this Act’’ of the following definition: ‘‘ ‘traditional design’ includes an indigenous design and a derivative indigenous design;’’. 5 10 15 20 25 30 35 40 45 Insertion of sections 53A, 53B, 53C, 53D, 53E, 53F, 53G, 53H, 53I, 53J, 53K and 50 53L in Act 195 of 1993 12. The following sections are hereby inserted in the Designs Act, 1993 (Act No. 195 of 1993), after section 53: