About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Intellectual Property Laws Amendment Act, 2013 (Act No. 28 of 2013), South Africa


Latest Version in WIPO Lex
Year of Version 2013 Dates Published: December 10, 2013 Assented: December 9, 2013 Type of Text Main IP Laws Subject Matter Copyright and Related Rights (Neighboring Rights), Trademarks, Geographical Indications, Industrial Designs, Traditional Cultural Expressions, Traditional Knowledge (TK), IP Regulatory Body Notes 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.

Available Texts Main text(s) Main text(s) English Intellectual Property Laws Amendment Act, 2013 (Act No. 28 of 2013) PDF HTML
Related Legislation Amends (4 text(s)) Amends (4 text(s))
Copyright Act, 1978 (Act No. 98 of 1978, amended up to Act No. 9 of 2002) (ZA002)
Designs Act, 1993 (Act No. 195 of 1993, amended up to Act No. 38 of 1997) (ZA071)
Trade Marks Act, 1993 (Act No. 194 of 1993) (ZA009)
Performer's Protection Act, 1967 (Act No. 11 of 1967) (ZA005)

WIPO Lex No. ZA106