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Intellectual Property Laws Amendment Act, No. 38 of 1997

Long title


To amend the Merchandise Marks Act, 1941, so as to substitute, to delete or to amend certain definitions; to define certain expressions; to repeal the provisions relating to the unlawful trading in counterfeit goods in so far as these provisions are to be superseded by other envisaged legislation regarding the counterfeiting of goods; to adjust the powers of inspectors to enter and search premises and attach goods; to substitute or delete certain obsolete provisions and references; to delete a provision imposing a burden of proof on an accused; to provide for a presumption with respect to the offence of offering for sale or hire goods to which any false trade description is applied; and to adjust the provisions regarding penalties for offences; to amend the Performers’ Protection Act, 1967, so as to delete or to amend certain definitions; to define certain expressions; to protect performances in countries which are members of the World Trade Organization; to lengthen the term of protection for performances to fifty years; to provide for all broadcasters; to adjust the provisions regarding penalties for offences; and to extend the application of the Act to performances which took place before its commencement to correspond with the Agreement on Trade Related Aspects of Intellectual Property Rights (the TRIPS Agreement); to amend the Patents Act, 1978, so as to define certain expressions; to amend or to substitute certain definitions; to clarify the provisions with respect to the payment of renewal fees, the priority dates of matter as opposed to patent claims, the principle of privilege regarding communications by or to patent agents and the assessment of damages; to bring the Act in line with the Trade Marks Act, 1993, the Designs Act, 1993, and the TRIPS Agreement; to provide for the implementation of the Patent Cooperation Treaty in the event of South Africa’s accession thereto; to effect a correction in the Afrikaans text; to repeal or amend certain obsolete provisions and references; and to amend the long title; to amend the Copyright Act, 1978, so as to substitute, to amend or to delete certain definitions; to elaborate the requirement that a work must exist in a material form to qualify for copyright; to adjust the term of copyright in a cinematograph film and to extend the scope of copyright in computer programs in view of the TRIPS Agreement; to provide for all broadcasters; to amend the provisions relating to damages and other compensation for the infringement of copyright in order that it corresponds with the Trade Marks Act, 1993, and the Designs Act, 1993; and to substitute a certain word in the Afrikaans text; to amend the Trade Marks Act, 1993, so as to amend the provisions regarding marks that may not be registered as trade marks and those regarding the protection of well-known trade marks to ensure compliance with the TRIPS Agreement and Article 6ter of the Paris Convention; to effect a correction in the English text; to further regulate the relief for the infringement of registered trade marks; to provide that the registrar must keep a list of emblems of convention countries and international organisations; and to replace an incorrect reference; to amend the Designs Act, 1993, so as to define an expression; to delete a definition; to adjust the requirements for the registration of a design; to amend the provisions regarding the notification of registration and the certificate of registration; to adjust the provisions regarding compulsory licences in respect of certain registered designs and to further regulate the effect of the registration of a design and the amendment of an application for registration, and of a registration of a design, to ensure compliance with the TRIPS Agreement; and to correct or to clarify certain provisions; and to provide for matters connected therewith.

Table of contents
 .
SECTION TITLE

AMENDMENT OF MERCHANDISE MARKS ACT, 1941
1. Amendment of section 1 of Act 17 of 1941...
2. Substitution of section 2 of Act 17 of 1941
3. Substitution of section 3 of Act 17 of 1941
4. Substitution of section 4 of Act 17 of 1941...
5. Substitution of section 5 of Act 17 of 1941
6. Substitution of section 6 of Act 17 of 1941...
7. Substitution of section 7 of Act 17 of 1941
8. Amendment of section 8 of Act 17 of 1941
9. Substitution of section 9 of Act 17 of 1941
10. Substitution of section 14 of Act 17 of 1941...
11. Amendment of section 15 of Act 17 of 1941
12. Substitution of section 16 of Act 17 of 1941
13. Substitution of section 17 of Act 17 of 1941...
14. Amendment of section 18 of Act 17 of 1941...
15. Repeal of section 19 of Act 17 of 1941
16. Amendment of section 20 of Act 17 of 1941
17. Repeal of section 21bis of Act 17 of 1941...
18. Substitution of certain word in Act 17 of 1941

AMENDMENT OF PERFORMERS’ PROTECTION ACT, 1967
19. Amendment of section 1 of Act 11 of 1967
20. Substitution of section 4 of Act 11 of 1967
21. Substitution of section 7 of Act 11 of 1967
22. Amendment of section 8 of Act 11 of 1967
23. Amendment of section 9 of Act 11 of 1967
24. Amendment of section 10 of Act 11 of 1967
25. Amendment of section 14 of Act 11 of 1967

AMENDMENT OF PATENTS ACT, 1978
26. Amendment of section 1 of Act 57 of 1978
27. Amendment of section 2 of Act 57 of 1978...
28. Amendment of section 3 of Act 57 of 1978...
29. Repeal of section 11 of Act 57 of 1978
30. Amendment of section 24 of Act 57 of 1978
31. Amendment of section 25 of Act 57 of 1978
32. Substitution of section 26 of Act 57 of 1978
33. Amendment of section 30 of Act 57 of 1978
34. Amendment of section 31 of Act 57 of 1978...
35. Substitution of section 33 of Act 57 of 1978...
36. Amendment of section 37 of Act 57 of 1978
37. Amendment of section 43 of Act 57 of 1978...
38. Insertion of Chapter VA in Act 57 of 1978
39.. Amendment of section 44 of Act 57 of 1978
40. Amendment of section 45 of Act 57 of 1978
41. Amendment of section 46 of Act 57 of 1978...
42. Amendment of section 49 of Act 57 of 1978
43. Amendment of section 51 of Act 57 of 1978...
44. Amendment of section 55 of Act 57 of 1978
45. Amendment of section 56 of Act 57 of 1978...
46. Amendment of section 65 of Act 57 of 1978...
47. Amendment of section 91 of Act 57 of 1978
48. Substitution of certain expression in Act 57 of 1978
49. Substitution of long title of Act 57 of 1978

AMENDMENT OF COPYRIGHT ACT, 1978
50. Amendment of section 1 of Act 98 of 1978...
51. Amendment of section 2 of Act 98 of 1978...
52 Amendment of section 3 of Act 98 of 1978...
53. Substitution of section 11B of Act 98 of 1978...
54. Amendment of section 12 of Act 98 of 1978...
55. Amendment of section 24 of Act 98 of 1978...
56. Amendment of section 25 of Act 98 of 1978...
57. 57. Substitution of section 34 of Act 98 of 1978
58. 58. Substitution of certain word in Act 98 of 1978

AMENDMENT OF TRADE MARKS ACT, 1993
59. Amendment of section 10 of Act 194 of 1993
60. Amendment of section 11 of Act 194 of 1993
61. Repeal of section 13 of Act 194 of 1993
62. Amendment of section 27 of Act 194 of 1993
63. Amendment of section 30 of Act 194 of 1993
64. Amendment of section 34 of Act 194 of 1993
65. Amendment of section 35 of Act 194 of 1993
66. Amendment of section 39 of Act 194 of 1993
67. Insertion of section 48A in Act 194 of 1993
68. Substitution of section 51 of Act 194 of 1993

AMENDMENT OF DESIGNS ACT, 1993
69. Amendment of section 1 of Act 195 of 1993
70. Amendment of section 14 of Act 195 of 1993
71. Amendment of section 15 of Act 195 of 1993
72. Substitution of section 18 of Act 195 of 1993
73. Amendment of section 20 of Act 195 of 1993
74. Amendment of section 21 of Act 195 of 1993
75. Amendment of section 23 of Act 195 of 1993
76. Amendment of section 26 of Act 195 of 1993
77. Amendment of section 27 of Act 195 of 1993
78. Amendment of section 35 of Act 195 of 1993
79. Amendment of section 44 of Act 195 of 1993
80. Short title and commencement

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