Page:Intellectual Property Laws Amendment Act 1997 from Government Gazette.djvu/3

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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.

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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: