20
(2) The advisory committee shall as to witnesses
and their evidence have the powers of a commission under
the Commissions Act, 1947 (Act 8 of 1947).
(3) The advisory committee may from time to time make recommendations to the Minister in regard to any
amendments to this Act and to the Trade Marks Act, 1963 (Act 62 of 1963), the Designs Act, 1967 (Act 57 of 1967), and
the Patents Act, 1978 (Act 57 of 1978), and shall advise the Minister on any matter referred to it by the Minister.
[Sub-s. (3) substituted by s. 4 (b) of Act 61 of 1989.]
(4) (a) The advisory committee may constitute and maintain subcommittees.
[Para. (a) substituted by s. 4 (c) of Act 61 of 1989.]
(b) The advisory committee shall appoint as members of the subcommittees such of its memb ers and such other
persons and for such periods of office as the advisory committee may from time to time determine.
(5) The advisory committee may call to its assistance any person it may deem necessary to assist it with, or to
investigate matters relating to, the functions referred to in subsection (3).
[Sub-s. (5) substituted by s. 4 (d) of Act 61 of 1989.]
(6) The Registrar shall be responsible for the administration of the advisory committee and the subcommittees.
[Date of commencement of s. 40: 30 June 1978.]
41
Savings
(1) Nothing in this Act shall affect any right or privilege of the State or of any other person under any law not
expressly repealed, amended or modified by this Act.
[Sub-s. (1) substituted by s. 31 (a) of Act 125 of 1992.]
(2) Nothing in this Act shall affect the right of the state or of any person deriving title from the state to sell, use or
otherwise deal with articles forfeited under the laws relating to customs and excise, including any article forfeited by virtue
of this Act or of any enactment repealed by this Act.
(3) The provisions of this Act shall not derogate from any rule of law relating to confidential or privileged
information, unlawful competition or personality rights.
[Sub-s. (3) substituted by s. 31 (b) of Act 125 of 1992.]
(4) Subject to the preceding provisions of this section, no copyright or right in the nature of copyright shall subsist
otherwise than by virtue of this Act or of some other enactment in that behalf.
42
......
[S. 42 repealed by s. 32 of Act 125 of 1992.]
43
Application to work made before commencement of Act
This Act shall apply in relation to works made before the commencement of this Act as it applies in relation to
works made thereafter: Provided that(a)
nothing in this Act contained shall(i)
subject to paragraph (d), affect the ownership, duration or existence of any copyright which
subsists under the Copyright Act, 1965 (Act 63 of 1965); or
(ii)
subject to paragraph (c), be construed as creating copyright in any type of work in which copyright
could not subsist prior to 11 September 1965;
[Para. (a) amended by s. 14 (a) of Act 52 of 1984 and substituted by s. 33 (a) of Act 125 of 1992.]
(b)
......
[Para. (b) deleted by s. 14 (b) of Act 52 of 1984.]
(c)
the copyright in a cinematograph film made before the commencement of this Act shall be governed by
the relevant provisions of this Act, subject to the qualification, in the case of a cinematograph film treated
as an original dramatic work under section 35 of the Third Schedule to the Designs Act, 1916 (Act 9 of
1916)(i)
that the owner of the copyright shall, if so required, remunerate the person who is the owner of the
copyright in that original dramatical work for the purposes of that Act, which remuneration shall
be determined by arbitration if agreement thereon cannot be reached; and
(ii)
that the owner of the copyright in the cinematograph film or any person deriving rights in respect
of the cinematograph film from such owner shall in exercising such rights in the cinematograph
film be deemed not to infringe any rights in such original dramatical work under the said Act; and
(iii)
that an act performed by virtue of a licence granted by the owner of the copyright in the original
dramatical work under that Act and in existence before or at the time of coming into force of this
subsection, shall be deemed to be performed or have been performed on the authority of the owner
of the copyright in the cinematograph film.
[Para. (c) substituted by s. 33 (b) of Act 125 of 1992.]
(d)
in the determination of the term of copyright contemplated in the proviso to section 3 (2) (a) in the case
of a work in respect of which the copyright has expired at the commencement of the Copyright
Amendment Act, 1984, on the ground that the period mentioned in the said paragraph has lapsed, it shall