No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 32 Intellectual Property Laws Amendment Act, 2013 32 (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 work recognised in the specified country as a traditional work shall be deemed to be a traditional work as defined in this Act. (2) The Minister may in the notice contemplated in subsection (1) make the provisions of this Act applicable to the following in respect of a country listed in the notice: (a) Its citizens or subjects; (b) persons who at material times are domiciled or resident in the listed 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 referred to 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 works as may be specified. (4) No notice shall be issued under this section in respect of any country which is not a party to a convention relating to copyright to which the Republic is also a party, unless the Minister is satisfied that, in respect of the class of works 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 copyright in traditional works under this Act.’’. 5 10 15 20 25 Amendment of section 39 of Act 98 of 1978, as amended by section 4 of Act 9 of 2002 5. Section 39 of the Copyright Act, 1978 (Act No. 98 of 1978), is hereby amended— (a) by the substitution for paragraph (c) of the following paragraph: ‘‘(c) in consultation with the Minister of Finance, prescribing the remuneration and allowances of members of the advisory committee referred to in section 40, the Council referred to in section 28L, and of [its] their subcommittees, and the conditions upon which such members shall be appointed;’’; (b) by the substitution for paragraph (cA) of the following paragraph: ‘‘(cA) in consultation with the Minister of Finance, providing for the establishment, composition, funding and functions of collecting societies contemplated in section 9A, and any other matter that it may be necessary or expedient to regulate for the proper functioning of such societies whether in respect of copyright or any other type of intellectual property;’’; and (c) by the addition after paragraph (cA) of the following paragraphs: ‘‘(cB) providing for the recording of indigenous cultural expressions or knowledge as contemplated in section 28C, including issues related to— (i) the manner in which information on indigenous cultural expressions or knowledge is kept; (ii) fees payable for access to inspect the databases; (iii) processes and formalities related to the submission of an application; and (iv) criteria to be met for indigenous cultural expressions or knowledge to be entered into the databases; (cC) prescribing the nature of the entities envisaged by section 28I(8) including issues related to— 30 35 40 45 50