No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 66 Intellectual Property Laws Amendment Act, 2013 66 National Trust and Fund 53G. (1) The National Trust and the Fund shall constitute and function as the National Trust and Fund in respect of traditional designs for purposes of this Act, and the provisions of section 28I of the Copyright Act shall, with necessary changes, apply. 5 (2) All monies payable in respect of the use of traditional designs registered under this Act and owned by the National Trust shall be paid into the Fund contemplated in subsection (1) and shall be applied for the benefit of indigenous communities in the manner prescribed in section 28I of the Copyright Act. 10 Assignment and licences 53H. (1) Save for— (a) assignment of a right in an indigenous design to a collecting society; or (b) transfer to a duly appointed representative of the community, the right in an indigenous design shall not be transmissible by assignment, testamentary disposition or operation of law, but the doing of any act under section 20 may be authorised. (2) Should the proprietary rights referred to in subsection (1), vest in a representative of an indigenous community, the indigenous community may— (a) upon the death or liquidation of the said representative, as the case may be; or (b) prior to the death or liquidation of the said representative, by agreement as set out in the community protocol, transfer such proprietory rights to a natural or juristic person, as the indigenous community may decide. (3) Should the proprietary rights referred to in subsection (1) vest in a representative of an indigenous community, such proprietary rights shall automatically upon the death of the last living member of such indigenous community transfer to the National Trust. 15 20 25 30 Disputes 53I. (1) The Commission must accredit certain institutions which have the necessary capacity, to adjudicate any dispute arising from the application of the Intellectual Property Laws Amendment Act, 2013. (2) Any dispute arising from the application of the Intellectual Property Laws Amendment Act, 2013, must first be instituted in an institution accredited as contemplated in subsection (1). (3) No person appearing in proceedings before an institution contemplated in subsection (1) shall have the right to legal representation unless— (a) the adjudicator and all other parties consent; or (b) the adjudicator, after considering— (i) the nature of the questions of law raised by the dispute; (ii) the relative complexity and importance of the dispute; and (iii) the comparative ability of the parties to represent themselves in the adjudication, concludes that it would be unreasonable to expect a party to deal with the adjudication without legal representation. (4) Any adjudication must take into account existing customary dispute resolution mechanisms. (5) The decision of the institution referred to in subsection (1) may be served, executed and enforced as if it was an order of the High Court. (6) Any party to proceedings before an institution referred to in subsection (1) may appeal to a court of law against any decision of such 35 40 45 50