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Intellectual Property Laws Amendment Bill

– Progress on Redraft

Presentation to the Portfolio Committee on Trade and Industry – 29 June 2011

Adv Mongameli Kweta - State Law Adviser’s OfficeAdv Johan Strydom - the dti Legal AdviserAdv Charmaine van der Merwe - Parliamentary Legal Adviser

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Index1. Actions Completed2. Grouping of sections: Performers’ Protection Act,

1967 (Act No 11 of 1967)3. Grouping of sections: Copyright Act, 1978 (Act No 98

of 1978)4. Grouping of sections: Trade Marks Act, 1993 (Act No

194 of 1993)5. Grouping of sections: Designs Act, 1993 (Act No 195

of 1993)6. Grouping of submissions

Actions Completed Basis document => the Bill as introduced by the dti; Included all the dti proposed amendments

as per presentation to the Committee on 8 June 2011 + additional amendments provided by the dti in accordance with their

response document of 8 June 2011; Corrected drafting errors as per the Parliamentary Legal

Adviser’s legal opinion; Inserted headings to indicate which principal Act is dealt with; Grouped the amendments to each principal act under 1 set of

sections or under 1 Chapter; Effected consequential amendments; Grouped issues on submissions according to

“contentiousness”.

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Grouping of sections: Performers’ Protection Act, 1967 (Act No 11 of 1967) No Chapters in the principal act:

Section 1: Include definitions in the existing section that deals with definitions;

Proposed Sections 8A to 8J deals with traditional performances.

Where do the proposed sections fit into the principal act? Sections 2 to 8 of the Performers’ Protection Act deals with the

protection of performances, restrictions and exceptions on those performances and the term of protection (the rights itself);

Sections 8A to 8J deals with traditional performances; Sections 9 to 14 of the Performers’ Protection Act deals with

offences, damages, powers of courts and agents and contracts (protection of the rights).

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Grouping of sections: Copyright Act, 1978 (Act No 98 of 1978)

The principal act is divided into Chapters Section 1: Include definitions in the existing section that deals with

definitions; Added proposed Chapter 2A, Sections 28A to 28M which deals with

copyright on traditional works; Section 39: Included issues dealing with regulations in the existing

section that deals with regulations.

Where do the proposed sections fit into the principal act? Chapters 1 and 2 deal with Copyright in original works and infringement

thereof (the rights itself); Chapter 2A deals with copyright on traditional works; Chapters 3 to 5 deals with the Copyright Tribunal, extra territorial

application of the Act and miscellaneous provisions (other provisions).5

Grouping of sections: Trade Marks Act, 1993 (Act No 194 of 1993)

The principal act is divided into Parts Section 1: Included the heading of the new chapter in the existing

section that deals with the chapters in the Act; Section 2: Included definitions in the existing section that deals with

definitions; Added proposed Part XIIA, Sections 43A to 43J which deals with

copyright on traditional works

Where do the proposed sections fit into the principal act? Parts I to XII deal with trade marks and the process to register a

trademark (the rights itself) Part XIIA deals with trade marks of traditional words and expressions Parts XIII to XVIII deals with the Registrar, the register, the powers of

courts, offences, international application and miscellaneous provisions (other provisions) 6

Grouping of sections: Designs Act, 1993 (Act No 195 of 1993)

No Chapters in the principal act: Section 1: Include definitions in the existing section that deals

with definitions; Proposed Sections 53A to 53H deals with traditional designs.

Where do the proposed sections fit into the principal act? Sections 2 to 53 of the Designs Act deals with the Registrar, the

register, application for registration and matters related to registration (the rights itself and administration thereof);

Sections 53A to 53H deals with traditional designs; Sections 54 to 56 of the Designs Act deals with regulations,

repeal of laws and the short title (end provisions).

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Grouping of submissions

The summary of submissions grouped into major and minor issues

Examples of each: Major issues: Constitutionality; International

Agreements; Benefits to Communities; Ownership.

Minor issues: Format & completeness of the draft; small additions to definitions / the dispute resolution clause and so on; drafting of specific sections in each bill addressed in submissions.

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Way forward

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Address the minor issues in the current

draft

Present this updated draft to the Task Team

on 14 July 2011 for deliberations to start on non contentious issues

Consult on contentious issues and do proposed

drafting Include each proposed section in the draft before the

Task Team

Target end date on all consultations: End July

Draft alternate wording on issues the

drafters identify as needing a final

decision from the Committee

Task Team meet twice in

July to work on the redraft

August: Deliberations begin in the

Portfolio Committee

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Thank you