No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 54 Intellectual Property Laws Amendment Act, 2013 54 (b) (c) (d) (e) (f) seek the community’s prior informed consent, negotiate mutually agreed terms and benefit-sharing agreements;’’; 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;’’; 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;’’; by the insertion in subsection (1) after the definition of ‘‘date of application’’ of the following definition: ‘‘ ‘derivative indigenous design’ means any aesthetic or functional design forming the subject of this Act, applied to any form of indigenous design 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 design was derived before or after the commencement of the Intellectual Property Laws Amendment Act, 2013: Provided that— (a) an aesthethic derivative indigenous design shall be registered as ‘‘TA’’ and refers to a derivative indigenous design applied to an indigenous design for the pattern or the shape or the configuration or the ornamentation thereof, or for two or more of those purposes, and by whatever means it is applied, having features which appeal to and are judged solely by the eye, irrespective of the aesthetic quality thereof; and (b) a functional derivative indigenous design shall be registered as ‘‘TF’’ and refers to a derivative indigenous design applied to an indigenous design for the pattern or the shape or the configuration thereof, or for two or more of those purposes, and by whatever means it is applied, having features which are necessitated by the function which the indigenous design to which the derivative indigenous design is applied, is to perform;’’; by the substitution for the definition of ‘‘design’’ of the following definition: ‘‘ ‘design’ means an aesthetic design [or], a functional design or a traditional design;’’; by the insertion in subsection (1) after the definition of ‘‘functional design’’ of the following definitions: ‘‘ ‘Fund’ means the National Trust Fund for Indigenous Knowledge as defined in section 1 of the Copyright Act; ‘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, 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; 5 10 15 20 25 30 35 40 45 50 55 60