# Intellectual Property Laws Amendment Act, 1997

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The Intellectual Property Laws Amendment Act, 1997 (Act No. 38 of 1997), is a South African Act of Parliament that amended various laws regarding intellectual property, including the Copyright Act, 1978. It was published on 1 October 1997 in Government Gazette No. 18325; most of its sections came into effect upon publication, but sections 1 to 18 (the amendments of the Merchandise Marks Act, 1941) came into effect on 1 January 1998, and sections 26, 27(c), 38 and 47 came into effect on 16 March 1999.
Note that [words in bold type in square brackets] indicate omissions from existing enactments, while words underlined with a solid line indicate insertions in existing enactments.
Republic of South Africa
Government Gazette
Staatskoerant
van die Republiek van Suid-Afrika
| Registered at the Post Office as a Newspaper | As 'n Nuusblad by die Poskantoor Geregistreer |
| Vol. 388 | Cape Town, 1 October 1997 Kaapstad, 1 Oktober 1997 | No. 18325 |
| No. 1285. | 1 October 1997 |
| No. 1285. | 1 Oktober 1997 |
(Afrikaans text signed by the President.) (Assented to 19 September 1997.)
Act
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to repeal the provisions relating to the unlawful trading in counterfeit goods in so far as those provisions are to be superseded by other envisaged legislation regarding the counterfeiting of goods; to adjust the powers of inspectors to enter and search premises and attach goods; to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 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 infringment of copyright in order that it corresponds with the Trade Marks Act, 1993, and the Designs Act, 1993; and to substituted 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.
Be it enacted by the Parliament of the Republic of South Africa, as follows:―
Contents of Act
| Sections | 1 | — | 18: | Amendment of Merchandise Marks Act, 1941 |
| Sections | 19 | — | 25: | Amendment of Performers’ Protection Act, 1967 |
| Sections | 26 | — | 49: | Amendment of Patents Act, 1978 |
| Sections | 50 | — | 58: | Amendment of Copyright Act, 1978 |
| Sections | 59 | — | 68: | Amendment of Trade Marks Act, 1993 |
| Sections | 69 | — | 79: | Amendment of Designs Act, 1993 |
| Section 80: | Section 80: | Section 80: | Section 80: | Short title and commencement |
This work is in the public domain because it was created and first published in South Africa and it is an official text of a legislative, administrative or legal nature, or an official translation of such a text.
According to the Copyright Act, 1978, § 12 (8) (a), "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts."
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