No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 44 Intellectual Property Laws Amendment Act, 2013 44 (12) If it appears to the registrars of patents, copyright, trade marks and designs that the mark sought to be registered— (a) consists exclusively of, or an essential part thereof constitutes, a traditional term or expression or geographical indication as contemplated in section 43B; and (b) is registrable in terms of section 42, 43 or 43B, the registrars of patents, copyright, trade marks and designs shall accordingly register the mark. (13) Save for as otherwise provided in this section, parts IV and V specifically shall apply, with necessary changes, in relation to the registration of a traditional term or expression. (14) (a) If it appears to the registrars of patents, copyright, trade marks and designs that the mark sought to be registered— (i) consists exclusively of, or an essential part thereof constitutes, a traditional term or expression or geographical indication as contemplated in section 43B; and (ii) is not registrable in terms of section 42, 43 or 43B, he or she shall provisionally refuse the application and refer the application to the Council for its advice. (b) The Council shall consider such application and advise the registrars of patents, copyright, trade marks and designs within three months of receipt of the referral whether or not, in its opinion, the mark can be registered. (c) Upon receipt of the advice of the Council, the registrars of patents, copyright, trade marks and designs shall accept or refuse the application. (15) The registrars of patents, copyright, trade marks and designs shall advise an applicant for registration in writing, within a reasonable period from the date of the application, of his or her decision in terms of this section. (16) In the case of— (a) an acceptance in terms of subsections (2), (12) or (14)(c); (b) a refusal in terms of subsection (14)(c); or (c) a provisional refusal or refusal in terms of subsection (14)(a), the registrars of patents, copyright, trade marks and designs shall, on application by the applicant in the prescribed manner, state in writing the grounds for his or her decision. (17) (a) In the case of an acceptance of a traditional term or expression or geographical indication for registration as a certification trade mark or a collective trade mark, the registrars of patents, copyright, trade marks and designs shall notify the Council accordingly and in the prescribed manner. (b) In the case of an acceptance of a geographical indication as— (i) a certification trade mark in terms of section 42; or (ii) a collective trade mark in terms of section 43, the registrars of patents, copyright, trade marks and designs shall notify the Director-General of the department responsible for Agriculture in the prescribed manner. (18) Section 27(1)(a) and (b) does not apply to a traditional term, expression or geographical indication. Term of protection 5 10 15 20 25 30 35 40 45 50 43E. (1) Save for as otherwise provided in this section, section 37 shall apply, with necessary changes, in relation to the duration and renewal of registration of derivative traditional terms or expressions and geographical indications as set out in section 43B(8)(a). (2) The duration of registration in the case of indigenous term or 55 expression or geographical indication as set out in section 43B(8)(b) shall be in perpetuity.