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No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 30 Intellectual Property Laws Amendment Act, 2013 30 (a) if the Council fails to perform its functions in an effective and efficient manner; and (b) on the grounds of mismanagement. (13) When the Minister dissolves the Council in terms of subsection (12), the Minister may appoint an interim body for the continued governance and 5 control of the affairs of the Council, on such conditions as the Minister may determine. (14) The body contemplated in subsection (13) must be appointed for a period not exceeding six months or until the new Council is appointed in terms of subsection (2), whichever is the lesser. 10 (15) The Commission shall be responsible for the administration of the Council, and its subcommittees. Functions of Council 28M. (1) The Council shall— (a) advise the Minister on any matter concerning indigenous cultural expressions or knowledge; (b) advise the registrars of patents, copyright, trade marks, and designs on any matter relating to the registration of indigenous cultural expressions or knowledge; (c) advise the Minister on matters relating to performances of traditional work; (d) advise on the integrity of a database of intellectual property in relation to indigenous cultural expressions or knowledge; (e) perform such further functions as provided for in the— (i) Patents Act, 1978 (Act No. 57 of 1978); (ii) Trade Marks Act, 1993 (Act No. 194 of 1993); (iii) Designs Act, 1993 (Act No. 195 of 1993); and (iv) Performers’ Protection Act, 1967 (Act No. 11 of 1967); (f) refer any dispute received, to an institution contemplated in section 28K(1); and (g) carry out such tasks as assigned to it from time to time by the Minister. (2) The Council may— (a) appoint any person to assist the Council with the performance of any specific act, task or assignment, or to investigate any matter relating to its functions; (b) constitute and maintain such committees as it may deem necessary; (c) appoint as members of the committees any of its members and any other persons, for such periods of time as the Council may determine; and (d) refer to such committees any tasks or matters as may be necessary to enable the Council to carry out its functions. (3) The Minister may, in consultation with the Minister of Finance, prescribe the tariff of fees payable for— (a) any work performed or services rendered by any person at the specific request or instruction of the Council; (b) access by any person to the results of, or other information in connection with any research performed or information collected by the Council; and (c) access by any person to the databases contemplated in section 28C. (4) The Council may recommend to the Minister appropriate measures to ensure the effective implementation of the Act in relation to all matters pertaining to indigenous cultural expressions or knowledge relating to performers’ rights, copyright, trade marks, designs and patents. 15 20 25 30 35 40 45 50 Compliance with international agreements 28N. (1) The Minister may by notice in the Gazette provide that any 55 provision of this Act specified in such notice shall, in the case of any country so specified, apply so that—

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