No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 18 Intellectual Property Laws Amendment Act, 2013 18 (17) Upon receipt of a request to amend or remove any indigenous cultural expressions or knowledge recorded in a database, the registrars of patents, copyright, trade marks and designs shall— (a) where the request did not originate from the owner or proprietor of the indigenous cultural expressions or knowledge— 5 (i) notify said owner or proprietor of the request; (ii) require a written response from said owner or proprietor to be submitted to the registrars of patents, copyright, trade marks and designs within a stipulated time frame; (iii) upon receipt of the written response from the said owner or 10 proprietor, refer the matter for dispute resolution as set out in section 28K; and (iv) implement the decision of the dispute resolution institution referred to in section 28K; or (b) where the request originated from the owner or proprietor of the 15 indigenous cultural expressions or knowledge— (i) consider the request as set out in subsection (16); and (ii) consider any opposition received as set out in subsection (12). (18) The Minister may, in consultation with the Minister of Finance, prescribe the tariff of fees payable for access by any person to the databases. 20 Ownership of copyright 28D. (1) For the purposes of this Act, an indigenous community is deemed to be a juristic person. (2) Subject to the provisions of this section as well as section 21, the ownership of any copyright conferred by sections 3 and 28B on any 25 traditional work shall vest in the author. (3) The ownership of any copyright conferred by sections 3 and 28B, shall vest in the National Trust established by section 28I, to be administered for the benefit of the relevant indigenous communities, in the manner prescribed in section 28I, if— 30 (a) the author cannot be determined; (b) the author is an indigenous community which is no longer in existence; or (c) the authorship cannot be shared between more than one indigenous community claiming authorship, for whatever reason. 35 Nature of copyright in traditional works 28E. (1) Copyright in a traditional work vests the exclusive right to do or to authorise the doing of any of the following acts in the Republic: (a) Reproducing the traditional work in any manner or form; (b) reproducing the cinematograph film in which the traditional work is included in any manner or form, including making a still photograph thereof; (c) publishing the traditional work if it was hitherto unpublished; (d) in the case of a traditional work of a literary or musical nature, performing the traditional work in public and broadcasting the work or causing a communication to the public of the work, by wire or wireless means, including the making available to the public of the work in such a way that members of the public may access the work from a place and at a time individually chosen by them; (e) in the case of a traditional work of a musical or artistic nature, or a traditional work of a literary nature in the form of a dramatic work, to include the traditional work in a cinematograph film, television broadcast or a sound recording; (f) broadcasting the traditional work, or the cinematograph film or sound recording in which the traditional work is included; (g) causing the cinematograph film in which the traditional work is included, in so far as it consists of images, to be seen in public, or, in 40 45 50 55