No. 37148
GOVERNMENT GAZETTE, 10 December 2013
Act No. 28 of 2013
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Intellectual Property Laws Amendment Act, 2013
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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.
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(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.
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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.
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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
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