No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 68 Intellectual Property Laws Amendment Act, 2013 68 institution, and the appeal must be noted and dealt with in the manner prescribed by law for appeals against a civil order or decision of a single judge. (7) The Minister shall prescribe the fees, processes and formalities relating to the institution and adjudication of a dispute. 5 Council 53J. The Council shall advise on matters relating to traditional designs under this Act. Compliance with international agreements 53K. (1) The Minister may by notice in the Gazette provide that any provision of this Act specified in such notice shall in the case of any country so specified apply so that— (a) a community recognised in the specified country as an indigenous community shall be deemed to be an indigenous community as defined in this Act; and (b) a traditional design recognised in the specified country as a traditional design shall be deemed to be a traditional design as defined in this Act. (2) The Minister may in the notice in subsection (1) make the provisions of this Act applicable to the following in respect of a country specified in the notice: (a) Its citizens or subjects; (b) persons who at material times are domiciled or resident in the specified country and who are members of an indigenous community in that country; and (c) juristic persons incorporated under the laws of the specified country and representing indigenous communities of that country. (3) The notice in subsection (1) may— (a) include exceptions or modifications to the application of the Act in respect of a specified country; (b) provide for general application of the Act; or (c) limit application of the Act to such types of traditional designs as may be specified. (4) No notice shall be issued under this section in respect of any country which is not a party to an international agreement relating to designs to which the Republic is also a party, unless the Minister is satisfied that, in respect of the class of designs to which the notice relates, provision has been or will be made under the laws of that country whereby adequate protection will be given to owners of traditional designs under this Act.’’. 10 15 20 25 30 35 Amendment of section 54 of Act 195 of 1993 13. Section 54 of the Designs Act, 1993 (Act No. 195 of 1993), is hereby amended— 40 (a) by the substitution for paragraph (a) of the following paragraph: ‘‘(a) with the concurrence of the Minister of [State Expenditure] Finance, prescribing the matters in respect of which fees shall be payable, and the tariff of such fees;’’; and (b) by the addition after paragraph (f) of the following paragraphs: 45 ‘‘(fA) providing for the fees, processes and formalities related to the submission and adjudication of a dispute set out in section 53I; (fB) in consultation with the Minister of Finance, providing for the establishment, composition, funding and functions of collecting societies contemplated in section 53F, and any other matter that it 50 may be necessary or expedient to regulate for the proper functioning of such societies;