No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 24 Intellectual Property Laws Amendment Act, 2013 24 (a) scrutinise the agreement for compliance with intellectual property laws, the community protocol and this Act; and (b) where any clause within the contract is regarded as not being to the benefit of the indigenous community or member of the indigenous community concerned, require renegotiation of said clause and 5 provide the necessary advice. (5) The owner of copyright in a derivative indigenous work shall pay a royalty, a benefit, or both such royalty and benefit, agreed to as set out in this section, to the owner of the copyright in the indigenous work from which the derivative indigenous work was derived. 10 National Trust and Fund for Indigenous Knowledge 28I. (1) There is hereby established a National Trust to be known as the National Trust for Indigenous Knowledge, and the Minister shall appoint not more than five persons as trustees for the National Trust. (2) The National Trust shall be responsible for the promotion and preservation of indigenous cultural expressions and knowledge, including, but not limited to— (a) the commercialisation and exploitation of indigenous cultural expressions or knowledge for the purpose of generating income; (b) facilitating the development of indigenous communities with respect to training on, and awareness of, their intellectual property and associated rights; and (c) assisting indigenous communities in the application of this Act and other legislation dealing with indigenous cultural expressions or knowledge. (3) The National Trust shall establish a Fund to be known as the National Trust Fund for Indigenous Knowledge. (4) The trustees of the National Trust shall administer the Fund in the prescribed manner and may invest monies received from the commercialisation of indigenous cultural expressions or knowledge or otherwise, pending the distribution thereof— (a) on a call or short-term fixed deposit with any registered bank or financial institution in the Republic; or (b) in an investment account with the Corporation for Public Deposits established in terms of section 2 of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984). (5) The Fund may be subdivided, in whole or in part, into separate sub-funds which may be administered on behalf of and at the request of the National Trust by the registrars of patents, copyright, trade marks and designs, respectively. (6) All income derived by the National Trust from the use of indigenous cultural expressions or knowledge, including all royalties and benefits payable as provided for in— (a) this Act; (b) the Performers’ Protection Act, 1967 (Act No. 11 of 1967); (c) the Patents Act, 1978 (Act No. 57 of 1978); (d) the Trade Marks Act, 1993 (Act No. 194 of 1993); and (e) the Designs Act, 1993 (Act No. 195 of 1993), shall be National Trust monies and shall be paid into the respective sub-funds, to be applied for the benefit of indigenous communities: Provided that the Minister may prescribe— (i) administration fees; (ii) fees relating to commercialisation, exploitation and training of indigenous communities; (iii) the frequency and manner in which payments shall be made to indigenous communities; and (iv) any other matter related to the administration of the income received by the Fund. (7) The Commission shall be responsible for the administration of the National Trust. 15 20 25 30 35 40 45 50 55 60