No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 58 Intellectual Property Laws Amendment Act, 2013 58 ‘‘Application to traditional designs 53A. (1) Subject to this section, sections 53B, 53C, 53D, 53E, 53F, 53G, 53H, 53I, 53J, 53K and 53L, the provisions of this Act shall, except in so far as is otherwise provided in the said sections, and in so far as they can be applied, apply to traditional designs. 5 (2) The provisions of section 2(1) shall not apply in respect of indigenous designs. (3) The provisions of this Act shall apply in respect of all traditional designs, whether created before or after the date of commencement of the Intellectual Property Laws Amendment Act, 2013. 10 (4) Nothing in the sections contemplated in subsection (1) shall be construed as conferring any rights on any person in respect of intellectual property which is not a traditional design. Traditional designs eligible for registration 53B. (1) The author of a derivative indigenous design which is— (a) new; and (b) has features which are based on or derived from an indigenous design of an indigenous community, may, in the prescribed manner and on payment of the prescribed fee, apply for registration of such derivative indigenous design. (2) A derivative indigenous design shall be deemed to be new if it is different from or does not form part of the state of the art immediately before— (a) the date of application for registration thereof; or (b) the release date thereof, whichever is the earlier: Provided that in the case of the release date being a date after the date of commencement of the Intellectual Property Laws Amendment Act, 2013, the application for the registration of the design is lodged within two years of such release date. (3) No right in a derivative indigenous design provided for in the Intellectual Property Laws Amendment Act, 2013, shall vest or be eligible for registration unless— (a) prior informed consent has been obtained from the relevant authority or indigenous community; (b) disclosure of the indigenous cultural expressions or knowledge has been made to the Commission; and (c) a benefit-sharing agreement between the applicant and the relevant authority or indigenous community has been concluded. (4) If an indigenous community has established a community protocol, the interaction with the indigenous community contemplated in subsection (3) must take such protocol into account. (5) An indigenous community may in the prescribed manner and on payment of the prescribed fee, apply for registration of an indigenous design. 15 National Database 45 20 25 30 35 40 53C. (1) The National Database of Indigenous Knowledge contemplated in section 28C of the Copyright Act shall constitute and function as a sub-register within the register of designs for purposes of this Act, in the manner provided for in the said section 28C of the Copyright Act. (2) The registrars of patents, copyright, trade marks and designs shall 50 open a Part T in the register which shall relate to traditional designs. (3) Traditional designs contained in applications referred to the Council by the registrars of patents, copyright, trade marks and designs in terms of subsection (15) and traditional designs registered in terms of subsection (12) or (17)(a), shall be recorded in the database. 55