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:
Short title and commencement
Amendment of section 1 of Act 17 of 1941, as amended by section 1 of Act 39 of 1952, section 1 of Act 47 of 1954 and section 1 of Act 54 of 1987
1. Section 1 of the Merchandise Marks Act, 1941, is hereby amended—
(a)
by the substitution for the definition of “apply to” for the following definition:
“‘apply to’ means emboss, impress, engrave, etch or print upon or weave into or otherwise—
(a)
work into or onto;
(b)
annex or affix to; or
(c)
incorporate in;”;
(b)
by the deletion of the definition of “bottle”;
(c)
by the insertion after the definition of “covering” of the following definitions:
“‘device’ means any visual representation or illustration capable of being reproduced upon a surface, whether by printing or otherwise;
‘document’ means recorded information regardless of form or medium;”;
(d)
by the substitution for the definition of “false trade description” of the following definition:
“‘false trade description’ means any trade description [whether or not it consists of or includes a trade mark or part of a trade mark] which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, if that alteration makes the description false in a material respect;”;
(e)
by the deletion of the definition of “Gazette”;
(f)
by the substitution for the definition of “inspector” of the following definition: