No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 60 Intellectual Property Laws Amendment Act, 2013 60 (4) For the purposes of this Act, an indigenous community is deemed to be a juristic person. (5) Any— (a) person who created the derivative indigenous design; (b) person authorised to act on behalf of an indigenous community, or on behalf of an individual, or (c) person appointed by the Minister in the manner prescribed, to act on behalf of an indigenous community which is no longer in existence; may submit to the registrars of patents, copyright, trade marks and designs a request together with the appropriate information for a traditional design to be registered in the database, whereupon the provisions of the said section 28C of the Copyright Act shall, with necessary changes, apply. (6) If the applicant for registration is an indigenous community, the request referred to in subsection (5) shall include a community protocol setting out relevant information about the indigenous community, including— (a) identification of the indigenous community and its acknowledged structure; (b) full details of the appointed representative of the indigenous community in whose name the indigenous design must be registered; (c) if the representative is a juristic person, full details of registration of such juristic person; (d) the indigenous design that is being registered and the justification for the community claiming rights to it; (e) whether such indigenous design is sacred, or should for any other reason, which must be provided, be kept confidential; and (f) a written undertaking by the representative of the indigenous community to the effect that he or she will hold the right to the indigenous design on behalf of the indigenous community. (7) The Council must assist the indigenous community to ensure that the community protocol corresponds with the structure of the indigenous community. (8) The community protocol must be kept with the registration of the indigenous design. (9) An indigenous community may register an indigenous design: Provided that where the indigenous community— (a) registers an indigenous design within 36 months from the commencement of the Intellectual Property Laws Amendment Act, 2013, or such longer period as the Minister may prescribe, such indigenous community shall enjoy the right to royalties and benefits conferred by the Intellectual Property Laws Amendment Act, 2013, from the date of its commencement; or (b) registers an indigenous design after the period contemplated in subsection (a), such indigenous community shall enjoy the right to royalties and benefits conferred by the Intellectual Property Laws Amendment Act, 2013, from the date of registration. (10) The Commission may determine that certain information recorded in the database must be treated confidentially: Provided that if the community protocol indicates that the information is sacred or must be kept in confidence, the Commission must treat the information confidentially. (11) Any person contemplated in subsection (5), or a third party who has an interest in a traditional design may submit to the registrars of patents, copyright, trade marks and designs a request together with the appropriate information as prescribed for the amendment or removal of a traditional design in the database, whereupon the provisions of section 28C(17) of the Copyright Act shall, with necessary changes, apply. (12) The registrars of patents, copyright, trade marks and designs shall examine any application for the registration of a traditional design received in terms of this section and, if it complies with the requirements of this Act, register such design in Part T of the database which contains registrations with regard to traditional designs as ‘‘TA’’, if it is an indigenous design or 5 10 15 20 25 30 35 40 45 50 55 60