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Controversial Intellectual Property Laws Act published
The Intellectual Property Laws Amendment Act, Act 28 of 2013 (IPLAA), was assented to by the president and published in the Government Gazette on 10 December, marking the penultimate step in the implementation of IPLAA.
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This move came despite widespread opposition to the IPLAA which amends the South African Performers' Protection Act, Copyright Act, Trade Marks Act and Designs Act.
The aim of the IPLAA is, inter alia, to provide for the recognition and protection of certain manifestations of indigenous knowledge as a species of intellectual property. It seeks to do this by amending the already existing intellectual property framework to provide for the protection of indigenous knowledge.
Far-reaching consequences
According to Bryce Matthewson, candidate attorney at Spoor & Fisher, the IPLAA will have far-reaching consequences for the protection of intellectual property going forward and will require careful consideration by persons who wish to protect their IP in future.
The IPLAA will only come into effect on a date to be fixed by the President and although not clear, it is expected that it will come into effect during the first half of 2014.
