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Intellectual Property Laws Amendment Act 28 of 2013

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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.