The Select Committee on Trade and International Relations met today to be briefed by the Department of Trade and Industry (the dti) on the Intellectual Property Laws Amendment Bill, which was referred to them for concurrence in terms of section 76 of the Constitution.
The Bill was earlier referred back to Parliament by the President after it was passed by Parliament in terms of section 75 of the Constitution.
Department of Trade and Industry will now present the Bill to the Provincial Legislatures for their consideration. Once the dti is done with the presentations, the Legislatures will report back to the National Council of Provinces.
The Minister of Trade and Industry, Dr Rob Davies says key interventions contained in the Bill include amongst others prohibition of registration of Indigenous Knowledge that is offensive to a particular public.
“The Bill provides that business enterprises such as community trusts and cooperatives be formed to manage and protect Indigenous Knowledge of communities. Collecting societies that are not regulated should be regulated beyond the issue of ‘needle’ time royalty. The Bill also caters for compensation for use, by providing for the negotiation of a benefit sharing agreement regime on Intellectual Property in order to fairly compensate and/or recognise the Indigenous Knowledge owner,” says Davies.
He further stated that key interventions contained in the Bill are Alternative Dispute Resolutions (ADR) that will be introduced in all domains of Intellectual Property and that the findings of ADR can be made an order of court upon application. The High Courts will still have inherent jurisdiction to entertain any dispute pertaining to Indigenous Knowledge and Intellectual Property.
Enquiries:
Sidwell Medupe
Departmental Spokesperson
Tel: 012 394 1650
Cell: 079 492 1774
E-mail: MSMedupe@thedti.gov.za
Follow us on Twitter: @the_dti
