Intellectual Property Laws Amendment Act 28 of 2013

The Intellectual Property Laws Amendment Act 28 of 2013 aims:

• to provide for the recognition and protection of certain manifestations of indigenous knowledge as a species of intellectual property;
• to this end to amend certain laws so as to provide for the protection of relevant manifestations of indigenous knowledge as a species of intellectual property, namely-
  • the Performers' Protection Act, 1967,
    • to provide for the recognition and protection of performances of traditional works;
  • the Copyright Act, 1978,
    • to provide for the recognition and protection of indigenous works;
    • to provide for the establishment of a National Council in respect of indigenous knowledge;
    • to provide for National Databases for recording indigenous knowledge and to provide for the recording of indigenous works; and
    • to provide for the establishment of a National Trust Fund for Indigenous Knowledge;
  • the Trade Marks Act, 1993,
    • to provide for the recognition of indigenous terms and expressions and for the registration of such terms and expressions as trade marks;
    • to create for this purpose a further part of the trade marks register;
    • to provide for the recording of indigenous terms and expressions; and
    • to provide for further protection of geographical indications;
  • the Designs Act, 1993,
    • to provide for the recognition and registration of indigenous designs;
    • to create for this purpose a further part of the designs register; and
  • to introduce statutory provisions to provide for the establishment of a National Council in respect of indigenous knowledge, a National Database for the recording of indigenous knowledge and a National Trust and Trust Fund for purposes of indigenous knowledge;
• and to provide for matters incidental thereto.

Commencement

To be proclaimed by the President in a Government Gazette.