Department of Trade and Industry
The Intellectual Property Laws Amendment Bill has been passed by the national assembly.
The bill was debated in the national assembly on Thursday last week.
The trade and industry committee adopted the redrafted bill in September.
The proposed legislation was drawn up to ensure adequate protective mechanisms for indigenous knowledge in South Africa.
The bill also aims to:
• Improve the livelihoods of indigenous knowledge holders and communities
• Benefit the national economy
• Prevent bio-piracy
• Provide a legal framework for protection and empowerment of local communities
• Prevent exploitation of knowledge
• Raise awareness within communities of the importance of indigenous knowledge for development
• Establish community trusts
• Facilitate the recording, documenting and storage of indigenous knowledge
The proposed legislation will also aim to introduce an alternative dispute resolution mechanism into all areas of IP. The idea behind this is to help poor communities to defend their IK.
The bill is intended to introduce amendments to the:
• Performers’ Protection Act of 1967
• Copyright Act of 1978
• Trade Marks Act of 1993
• Designs Act of 1993
The decision to redraft the bill was taken in June this year.
The committee started with deliberations on the redrafted bill in August.
The national assembly was meant to debate the bill towards the end of September. However, the bill was withdrawn at the last minute.
The bill will now go to the national council of provinces for concurrence.
Sabinet Cape Town Office
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