ATC131112: Second Report of the Select Committee on Trade and International Relations on the Intellectual Property Laws Amendment Bill [B 8B – 2010] (National Assembly – sec 76), dated 12 November 2013:

Second Report of the Select Committee on Trade and International Relations on the Intellectual Property Laws Amendment Bill [B 8B – 2010] (National Assembly – sec 76), dated 12 November 2013:

The Select Committee on Trade and International Relations, having considered amendments to the Intellectual Property Laws Amendment Bill [B 8B – 2010] (National Assembly – sec 76), submitted by Mr A Lees, MP, reports that it has rejected the amendments as follows:

• Page 5 - sec 8B(2) and 8D(2) - the Intellectual Property Laws Amendment Act, [2011] 2010
• Pg 9 - 28C(14) - A recording as contemplated in this section shall serve as prima facie proof of the existence of the manifestation of indigenous cultural expressions or knowledge and the veracity of the information recorded, but shall not give rise to any rights other than expressly provided in this Act [or in or the Performers’ Protection Act, 1967 (Act No. 11 of 1967)], the Trade Marks Act, 1993 (Act No. 195 of 1993).
• Pg 11 - 28G(5) - if any commercial benefit is derived from acts contemplated in subsections (2) or (4) the person who derived such benefit, to the [author] owner as set out in section 28H(3).
• Pg 13 - 28G(6)(c) - delete: (c) the Patents Act, 1978 (Act No. 11 of 1967)

Sec 40B(1)(a) and (d) and section 40B(4) - the phrase “indigenous knowledge relating to copyright” should read “traditional works” in line with the definitions included in the Copyright Act.

• Delete the word “copyright” from:

-          Sections 28C(1), (3), (6), (7)(c), (11), (12), (13), (16), (17

-          Section 28I(5)

-          Section 28M(b)

-          Sections 43B(4) and (5)

-          Sections 43D(4)(c), (11), (12), (14)(a), 14(b), 14(c), (15), (16), (17)

-          Section 43J

-          Section 53C(2), (3), (5), (11), (12), (15), (16), (17), (18)

-          Section 53E(3)

-          Section 2.1(d) of the memorandum page 37.

Report to be considered.