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INTELLECTUAL PROPERTY LAWS AMENDMENT ACT, 2013: UPDATE
- 09 January 2024
- Trade, Industry & Competition
- SA Legal Academy
An opinion piece published on 8 January 2024 in Business Day notes, among other things, that ‘the Intellectual Property Laws Amendment Act was passed last year’. However, as far as can be ascertained, no legislation with that title was added to the statute books during 2023.
An Intellectual Property Laws Amendment Bill tabled in Parliament in April 2010 was eventually passed in November 2013 and signed into law in December that year. However, it has yet to be commenced and operationalised.
On 13 September 2022, during a meeting of the National Assembly’s Trade & Industry Committee, Deputy Director-General for Consumer & Corporate Regulation, Evelyn Masotja, briefed members on the Act’s status – among other things noting:
- its overlap with the Protection, Promotion, Development & Management of Indigenous Knowledge Act, 2019, and
- ongoing dialogue with the Department of Science & Innovation about the contents of draft regulations under the Intellectual Property Laws Amendment Act.
In April 2022, Cabinet approved the release of draft regulations under the Protection, Promotion, Development & Management of Indigenous Knowledge Act for public comment. They were gazetted seven months later but have yet to be finalised.
- Business Day opinion piece
- Intellectual Property Laws Amendment Act
- Protection, Promotion, Development & Management of Indigenous Knowledge Act
- April 2022 Cabinet media statement
- September 2022 Department of Trade, Industry & Competition presentation (slides 27-32)
- November 2022 draft regulations
Published by SA Legal Academy Policy Watch