No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 34 Intellectual Property Laws Amendment Act, 2013 34 (i) (ii) governance of the entities; and interaction of the entities with the National Trust and the Council; (cD) providing for the fees, processes and formalities related to the submission and adjudication of a dispute set out in section 28K; and (cE) providing for the appointment of a person to act on behalf of an indigenous community which is no longer in existence;’’. 5 Insertion of section 39A in Act 98 of 1978 6. The following section is hereby inserted after section 39 of the Copyright Act, 1978 10 (Act No. 98 of 1978): ‘‘Guidelines 39A. (1) The Minister may issue guidelines on any aspect of the Intellectual Property Laws Amendment Act, 2013, including— (a) protection of indigenous cultural expressions or knowledge; 15 (b) reducing traditional work that is eligible for copyright due to it being capable of substantiation from the collective memory of the relevant indigenous community, to material form for purposes of protection thereof; (c) the databases, in so far as it relates to indigenous cultural expressions 20 or knowledge; (d) the National Trust and Fund, in so far as it relates to indigenous cultural expressions or knowledge; (e) the Council, in so far as it relates to indigenous cultural expressions or knowledge; and 25 (f) the dispute process as set out in section 28K.’’. Amendment of section 1 of Act 194 of 1993, as amended by section 65 of Act 38 of 1997 7. Section 1 of the Trade Marks Act, 1993 (Act No. 194 of 1993), is hereby amended by the insertion after the heading ‘‘Part XII Certification Trade Marks and Collective 30 Trade Marks (sections 42 and 43)’’ of the following heading: ‘‘Part XIIA Traditional terms and expressions and geographical indications (sections 43A to 43L)’’. Amendment of section 2 of Act 194 of 1993 8. Section 2 of the Trade Marks Act, 1993 (Act No. 194 of 1993), is hereby amended— (a) by the insertion in subsection (1) after the definition of ‘‘certification trade mark’’ of the following definition: ‘‘ ‘collecting society’ means a collecting society created by the Copyright Act, this Act, or by agreement and which amongst others— (a) manages matters related to rights in trade marks; (b) negotiates for and collects licence fees and benefits on behalf of its members; and (c) distributes licence fees and benefits to trade mark owners;’’; (b) by the insertion in subsection (1) after the definition of ‘‘collective trade mark’’ of the following definition: ‘‘ ‘community protocol’ means a protocol developed by an indigenous community that describes the structure of the indigenous community and its claims to indigenous cultural expressions or knowledge and indigenous terms or expressions or geographical indications, and provides procedures for prospective users of such indigenous cultural expressions or knowledge or indigenous terms or expressions or geographical indications, to seek the community’s prior informed consent, negotiate mutually agreed terms and benefit-sharing agreements;’’; 35 40 45 50 55