Notes on the Intellectual Property Laws Amendment Act 2013 from WIPO Lex

Notes on the Intellectual Property Laws Amendment Act 2013 from WIPO Lex

The Intellectual Property Laws Amendment Act 2013 (Act No. 28 of 2013) was approved by the President and published in the Government Gazette on December 10, 2013. The Act is enacted to ensure effective protection mechanisms for indigenous knowledge (IK) as a form of intellectual property in South Africa; to this end, it makes amendments to the Perfomers' Protection Act 1967 (Act No. 11 of 1967), the Copyright Act 1978 (Act No. 98 of 1978), the Trade Marks Act 1993 (Act No. 194 of 1993); and the Designs Act 1993 (Act No. 195 of 1993).

The Intellectual Property Laws Amendment Act 2013 ('the Act') contains 15 sections, which shall come into operation on a date fixed by the President by proclamation in the Gazette (see Section 15 of the Act).

Section 1 of the Act amends Section 1 of the Perfomers' Protection Act 1967; and Section 2 makes the insertion of Sections 8A, 8B, 8C and 8D after Section 8 thereof; so as to provide for the recognition and protection of performances of traditional works.

Sections 3 & 5 of the Act amend Sections 1 & 39 of the Copyright Act 1978; and Sections 4 & 6 make the insertion of Chapter 2A after Section 28 & Section 39A after Section 39 thereof; so as to provide for the recognition and protection of indigenous works; to provide for the establishment of a National Council for indigenous knowledge, and a National Trust Fund for indigenous knowledge; and to provide for a National Database for recording indigenous knowledge and indigenous works.

Sections 7-8 & 10 of the Act amend Sections 1-2 & 69 of the Trade Marks Act 1993; and Section 9 makes insertion of Part XIIA after Section 43 thereof; so as to provide for the recognition of indigenous terms and expressions, and for the registration and recording of such terms and expressions as trademarks; and to provide for further protection of geographical indications.

Sections 1 & 13 of the Act amend Sections 1 & 54 of the Designs Act 1993; Section 12 makes the insertion of Sections 53A, 53B, 53C, 53D, 53E, 53F, 53H, 53J, 53I, 53J, 53K, 53L after Section 53 thereof; and Section 14 makes the insertion of Section 54A after Section 54 thereof; so as to provide for the recognition and registration of indigenous designs; to provide for the establishment of a National Council for indigenous knowledge, a National Database for the recording of indigenous knowledge and a National Trust and Fund for indigenous knowledge.

Information from WIPO Lex: http://www.wipo.int/wipolex/en/details.jsp?id=13714 Date accessed: 3 December 2014.