No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 62 Intellectual Property Laws Amendment Act, 2013 62 derivative indigenous design of an aesthetic nature and as ‘‘TF’’ if it is an indigenous design or derivative indigenous design of a functional nature. (13) An indigenous design may be registered only in Part T of the database. (14) Save for as otherwise provided in this section, sections 14, 15, 16, 5 17, 18, 19 and 31 shall apply, with necessary changes, in relation to the registration of a traditional design. (15) If in the case of a traditional design the registrars of patents, copyright, trade marks and designs is in doubt as to whether or not the application complies with the requirements of the Act, the registrars of 10 patents, copyright, trade marks and designs shall refer the application to the Council for advice. (16) The Council shall consider such application and advise the registrars of patents, copyright, trade marks and designs within three months of the referral whether or not, in its opinion, the design can be registered. 15 (17) Upon receipt of the advice of the Council, the registrars of patents, copyright, trade marks and designs shall either— (a) register the design if it is found to comply with the requirements of the Act; or (b) refuse the application. 20 (18) In the case of any traditional design being registered as contemplated in subsection (12) or (17)(a), the registrars of patents, copyright, trade marks and designs shall notify the Council. Effect of registration of traditional design 53D. The provisions of section 20 shall, with necessary changes, apply. 25 Period of protection 53E. (1) The duration of the registration of— (a) a traditional design registered in terms of section 53B(2)(a) or 53B(2)(b) shall be in respect of— (i) an aesthetic derivative indigenous design, 15 years from the 30 date of registration or from the release date, whichever date is earlier, and (ii) a functional derivative indigenous design, 10 years from the date of registration or from the release date, whichever date is earlier, 35 subject to the payment of the prescribed renewal fee; and (b) an indigenous design as set out in section 53B(5) shall be in perpetuity. (2) Any application in terms of section 31 relating to the revocation of a traditional design shall also be served on the Council in the prescribed manner. 40 (3) If the Council is served with an application for the revocation of a traditional design as contemplated in subsection (2), the Council shall notify the registrars of patents, copyright, trade marks and designs within the prescribed period whether it intends to contest the revocation. Infringement, exceptions, royalties and benefits 45 53F. (1) Notwithstanding section 35(9) and (10), the proprietor of a traditional design shall not be entitled to interfere with or restrain a person who commenced making, importing, using or disposing of any articles included in the class in which the traditional design is registered and embodying— 50 (a) the traditional design; or (b) a design not substantially different from the traditional design, prior to the commencement of the Intellectual Property Laws Amendment Act, 2013: Provided that if any commercial benefit is derived from any such