No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 10 Intellectual Property Laws Amendment Act, 2013 10 (a) by the addition to the definition of ‘‘author’’ of the following paragraphs after paragraph (i): ‘‘(j) a derivative indigenous work, means the person who first made or created the work, a substantial part of which was derived from an indigenous work; and (k) an indigenous work, means the indigenous community from which the work originated and acquired its traditional character;’’; (b) by the substitution in subsection (1) for the definition of ‘‘collecting society’’ of the following definition: ‘‘ ‘collecting society’ means a [collecting] society [established under] created by this Act, or agreement and which amongst others— (a) manages matters related to rights in copyright works; (b) negotiates for, and collects royalties and benefits on behalf of its members; and (c) distributes royalties and benefits to copyright owners;’’; (c) by the insertion in subsection (1) after the definition of ‘‘collecting society’’ of the following definitions: ‘‘ ‘Commission’ means the Commission established in terms of section 185 of the Companies Act, 2008 (Act No. 71 of 2008); ‘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 works, and provides procedures for prospective users of such indigenous cultural expressions or knowledge or indigenous works, to seek the community’s prior informed consent, negotiate mutually agreed terms and benefit-sharing agreements;’’; (d) by the insertion in subsection (1) after the definition of ‘‘copyright’’ of the following definition: ‘‘ ‘Council’ means the National Council for Indigenous Knowledge contemplated in section 28L;’’; (e) by the insertion in subsection (1) after the definition of ‘‘country’’ of the following definitions: ‘‘ ‘database’ means the National Database for Indigenous Knowledge contemplated in section 28C; ‘derivative indigenous work’ means any work forming the subject of this Act, applied to any form of indigenous work 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 work 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 ‘‘exclusive licence’’ of the following definitions: ‘‘ ‘Fund’ means the National Trust Fund for Indigenous Knowledge established in terms of section 28I; ‘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 or symbols; (b) musical or sound expressions, such as songs, rhythms, or instrumental music, the sounds which are the expression of rituals; 5 10 15 20 25 30 35 40 45 50 55 60