Intellectual Property Laws Amendment Act 28 of 2013
The Intellectual Property Laws Amendment Act amended several South African intellectual property statutes including the Patents Act, Trade Marks Act, Copyright Act, and Designs Act. Enacted in 2013, it introduced provisions for the protection of traditional knowledge, indigenous cultural expressions, and genetic resources. The Act also addressed the enforcement of intellectual property rights.
Legal area: Law relating to the protection of creative works, inventions, designs, and trademarks.
Year enacted: 2013
Full text: https://www.gov.za/documents/south-africa-intellectual-property-laws-amendment-act-28-of-2013
Key Provisions
- Amendment of the Patents Act to provide for protection of traditional knowledge
- Amendment of the Trade Marks Act to protect indigenous cultural expressions
- Amendment of the Copyright Act to address traditional knowledge and genetic resources
- Provisions for the establishment of an Indigenous Knowledge System
- Section 2: Protection against unauthorized use of traditional knowledge
- Provisions for benefit-sharing arising from the use of traditional knowledge
Significance
The Act represented a significant step in protecting South Africa’s traditional knowledge and cultural heritage. It addressed the gap in international IP frameworks that had failed to adequately protect indigenous knowledge systems.