No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 14 Intellectual Property Laws Amendment Act, 2013 14 (2) Nothing in this chapter shall be construed as conferring any rights on any person in respect of intellectual property which is not a traditional work. Traditional works eligible for copyright 28B. (1) Subject to the provisions of this Act, traditional works shall be eligible for copyright. (2) Notwithstanding section 2(2), a traditional work shall not be eligible for copyright unless it has been written down, recorded, represented in digital data or signals, or otherwise reduced to a material form or is capable of substantiation from the collective memory of the relevant indigenous community. (3) Copyright shall be conferred on a traditional work only if— (a) the traditional work is a derivative indigenous work and was created on or after the date of commencement of the Intellectual Property Laws Amendment Act, 2013, and the indigenous community from which the work, or a substantial part thereof originated, is or was an indigenous community when the work was created; or (b) the traditional work is an indigenous work. (4) No right in a derivative indigenous work provided for in the Intellectual Property Laws Amendment Act, 2013, shall be eligible for registration unless— (a) prior informed consent has been obtained from the relevant authority or indigenous community; (b) disclosure of the indigenous cultural expressions or knowledge have been made to the Commission; and (c) a benefit-sharing agreement between the applicant and the relevant authority or indigenous community has been concluded. (5) If an indigenous community has established a community protocol, the interaction with the indigenous community contemplated in subsection (4) must take such community protocol into account. 5 10 15 20 25 30 National Database 28C. (1) There shall be kept in the prescribed manner, at the offices of the registrars of patents, copyright, trade marks and designs, databases for indigenous knowledge as part of existing intellectual property registers, where applicable. (2) The databases contemplated in subsection (1) shall form subsections of existing intellectual property registers and shall incorporate separate sections for the recording of information on different manifestations of indigenous cultural expressions or knowledge, as contemplated in subsection (3). (3) All information submitted to the registrar regarding manifestations of indigenous cultural expressions or knowledge shall be recorded in the databases in the appropriate sections in the prescribed manner. (4) Registration in respect of a traditional work shall be for the purposes of recordal of ownership and identification of representation within an indigenous community. (5) The databases may be kept in an electronic format, and shall be open for inspection by the public during office hours, upon payment of the prescribed fee. (6) The registrars of patents, copyright, trade marks and designs may request any relevant person to provide them with such information or advice as they may require in order to assess a request for recording as contemplated in subsection (7), or to maintain the databases. (7) Any— (a) person who is an author; (b) person authorised to act on behalf of an author; or (c) person appointed by the Minister in the manner prescribed, to act on behalf of an indigenous community which is no longer in existence, 35 40 45 50 55