No. 37148 GOVERNMENT GAZETTE, 10 December 2013 Act No. 28 of 2013 48 Intellectual Property Laws Amendment Act, 2013 48 expression or geographical indication from which the derivative indigenous term or expression or geographical indication was derived. (7) Any person deriving commercial benefit from the use of a traditional term or expression or geographical indication, which commercial benefit is less than the prescribed value shall be excluded from the requirements of 5 sections 43B(6), 43F(2) and (3) and from the requirement to pay licence fees and benefits as contemplated in section 43F(1). (8) A traditional term or expression or geographical indication may be used without obtaining prior consent of the trade mark proprietor, if it is for the purpose of— 10 (a) private study or private use; (b) professional criticism or review; (c) reporting on current events; (d) education; (e) scientific research; 15 (f) legal proceedings; or (g) the making of recordings and other reproductions of indigenous cultural expressions or knowledge for purposes of their inclusion in an archive, inventory, dissemination for non-commercial cultural heritage safeguarding purposes and incidental uses: Provided that only 20 such portions as is reasonably required for such use are made and that the trade mark owner’s name is acknowledged. National Trust and Fund for Indigenous Knowledge 43G. (1) The National Trust and the Fund, as the case may be, shall constitute and function as a National Trust and Fund in respect of traditional 25 terms and expressions and geographical indications for purposes of this Act, and the provisions of section 28I of the Copyright Act shall, with necessary changes, apply. (2) All monies payable in respect of the use of an indigenous term or expression or geographical indication registered under this Act and owned 30 by the National Trust shall be paid into the Fund contemplated in subsection (1) and shall be applied for the benefit of indigenous communities in the manner prescribed in section 28I of the Copyright Act. Assignment and licences 43H. (1) Save for— (a) assignment of an indigenous term or expression or geographical indication to a collecting society, or (b) transfer to a duly appointed representative of the community, the certification or collective trade marks in an indigenous term or expression or geographical indication shall not be transmissible by assignment, testamentary disposition or operation of law, but the doing of any act may be licensed. (2) Should the certification or collective trade mark referred to in subsection (1) vest in a representative of an indigenous community, the indigenous community may— (a) upon the death or liquidation of the said representative, as the case may be; or (b) prior to the death or liquidation of the said representative, by agreement as set out in the community protocol, transfer such certification or collective trade mark to a person, as the indigenous community may decide. (3) Should the certification or collective trade mark referred to in subsection (1), vest in a representative of an indigenous community, such certification or collective trade mark shall automatically upon the death of the last living member of such indigenous community transfer to the National Trust. 35 40 45 50 55