No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 16 Intellectual Property Laws Amendment Act, 2013 16 may, for the purposes of recordal, submit to the registrars of patents, copyright, trade marks and designs a request together with the appropriate information as prescribed, for a manifestation of indigenous cultural expressions or knowledge to be recorded in the relevant database. (8) If the applicant for registration is an existing indigenous community, the request referred to in subsection (7) shall include a community protocol setting out relevant information about the indigenous community including— (a) identification of the indigenous community and its acknowledged structure; (b) full details of the appointed representative of the indigenous community in whose name the copyright must be registered; (c) if the representative is a juristic person, full details of registration of such juristic person; (d) the indigenous work that is being recorded and the justification for the indigenous community claiming rights to it; (e) whether such indigenous work is sacred, or should for any other reason, which must be provided, be kept confidential; and (f) a written undertaking by the representative of the indigenous community to the effect that he or she will hold the copyright on behalf of the indigenous community. (9) The Council shall assist the indigenous community to ensure that the community protocol corresponds with the structure of the indigenous community. (10) The community protocol must be kept with the recordal of the indigenous work. (11) If the registrars of patents, copyright, trade marks and designs are satisfied that a request for recording meets with the prescribed requirements for recording, he or she shall accept the request and, within the prescribed period, cause the request to be published in the prescribed manner. (12) Any person may, within three months from the date of publication of the request contemplated in subsection (11), or such further period as the registrars of patents, copyright, trade marks and designs may upon application allow, oppose the recording by lodging with the registrars of patents, copyright, trade marks and designs a notice of opposition setting out the grounds on which he or she relies to support the opposition. (13) An opposition contemplated in subsection (12) shall be dealt with in the manner prescribed, and at the conclusion thereof the registrars of patents, copyright, trade marks and designs shall decide either to— (a) refuse the recording of the information concerned; (b) record the information; or (c) record the information subject to certain conditions. (14) A recording as contemplated in this section shall serve as prima facie proof of the existence of the manifestation of indigenous cultural expressions or knowledge and the veracity of the information recorded, but shall not give rise to any rights other than expressly provided in this Act or in the Performers’ Protection Act, 1967 (Act No. 11 of 1967), the Trade Marks Act, 1993 (Act No. 194 of 1993), or the Designs Act, 1993 (Act No. 195 of 1993). (15) The Commission may determine which information recorded in the databases must be treated confidentially: Provided that if the community protocol indicates that the information is sacred or must be kept in confidence, the Commission must treat the information confidentially. (16) Any person contemplated in subsection (7), or a third party who has an interest in a traditional work may submit to the registrars of patents, copyright, trade marks and designs a request together with the appropriate information as prescribed, for the amendment or removal of a traditional work in the database. 5 10 15 20 25 30 35 40 45 50 55