No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 36 Intellectual Property Laws Amendment Act, 2013 36 (c) by the insertion in subsection (1) after the definition of ‘‘convention country’’ of the following definitions: ‘‘ ‘Copyright Act’ means the Copyright Act, 1978 (Act No. 98 of 1978); ‘Council’ means the National Council for Indigenous Knowledge as defined in section 1 of the Copyright Act;’’; (d) by the insertion in subsection (1) after the definition of ‘‘court’’ of the following definition: ‘‘ ‘database’ means the relevant section of the National Database for Indigenous Knowledge as defined in section 1 of the Copyright Act;’’; (e) by the insertion in subsection (1) after the definition of ‘‘deed of security’’ of the following definition: ‘‘ ‘derivative indigenous term or expression’ means any term or expression forming the subject of this Act, applied to any form of indigenous term or expression recognised by an indigenous community as having an indigenous or traditional origin, and a substantial part of which was derived from indigenous cultural expressions or knowledge irrespective of whether such derivative indigenous term or expression was derived before or after the commencement of the Intellectual Property Laws Amendment Act, 2013;’’; (f) by the insertion in subsection (1) after the definition of ‘‘device’’ of the following definitions: ‘‘ ‘Fund’ means the National Trust Fund for Indigenous Knowledge as defined in section 1 of the Copyright Act; ‘geographical indication’ in as far as it relates to indigenous cultural expressions or knowledge, means an indication which identifies goods or services as originating in the territory of the Republic or in a region or locality in that territory, and where a particular quality, reputation or other characteristic of the goods or services is attributable to the geographical origin of the goods or services, including natural and human factors; ‘indigenous community’ means any recognisable community of people originated in or historically settled in a geographic area or areas located within the borders of the Republic, as such borders existed at the date of commencement of the Intellectual Property Laws Amendment Act, 2013, characterised by social, cultural and economic conditions which distinguish them from other sections of the national community, and who identify themselves and are recognised by other groups as a distinct collective; ‘indigenous cultural expressions or knowledge’ means any form, tangible or intangible, or a combination thereof, in which traditional culture and knowledge are embodied, passed on between generations, and tangible or intangible forms of creativity of indigenous communities, including, but not limited to— (a) phonetic or verbal expressions, such as stories, epics, legends, poetry, riddles and other narratives, words, signs, names and symbols; (b) musical or sound expressions, such as songs, rhythms, and instrumental music, the sounds which are the expression of rituals; (c) expressions by action, such as dances, plays, ceremonies, rituals, expressions of spirituality or religion, sports, traditional games, puppet performances, and other performances, whether fixed or unfixed; and (d) tangible expressions, such as material expressions of art, handicrafts, architecture, or tangible spiritual forms, or expressions of sacred places; ‘indigenous term or expression’ means a literary, artistic or musical term or expression with an indigenous or traditional origin and a traditional character, including indigenous cultural expressions or knowledge which was created by persons who are or were members, currently or historically, of an indigenous community and which is regarded as part of the heritage of the community;’’; 5 10 15 20 25 30 35 40 45 50 55 60