The Intellectual Property Laws Amendment Act 28 of 2013 is a legislative framework introduced in South Africa to amend existing intellectual property laws, with a particular focus on recognizing and protecting indigenous knowledge. The Act integrates traditional knowledge into intellectual property law by adapting various statutes to ensure the safeguarding, commercialization, and equitable benefit-sharing of indigenous cultural expressions.
Purpose of the Act
The primary objective of the Intellectual Property Laws Amendment Act is to protect indigenous knowledge systems and cultural expressions from exploitation and misappropriation. The Act seeks to balance the rights of indigenous communities with broader intellectual property frameworks, promoting innovation while ensuring that traditional knowledge holders benefit from their contributions.
Key Features of the Act
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;
