Page:Copyright Amendment Act 1992 from Government Gazette.djvu/16



against any order or decision of the tribunal pursuant to such proceedings.

(2) Every appeal shall be noted and prosecuted in the manner prescribed by law for appeals against a civil order or decision of a single judge, and sections 20 and 21 of the Supreme Court Act, 1959 (Act No. 59 of 1959), shall apply mutatis mutandis.

(3) The court may in respect of such appeal―

confirm, vary or set aside the order or decision appealed against, as the court may deem fair;

if the record does not furnish sufficient evidence or information for the determination of the appeal, remit the matter to the tribunal with instructions in regard to the taking of further evidence or the setting out of further information;

take any other course which in the opinion of the court is fair and may lead to the speedy and as far as may be possible inexpensive settlement of the case; and

make such order as to costs as the court may deem fair. ”.

Amendment of section 37 of Act 98 of 1978

29. Section 37 of the principal Act is hereby amended―

by the substitution for of paragraph (a) of subsection (1) of the following paragraph:

in relation to literary, musical or artistic works, computer programs, cinematograph films, sound recordings and published editions first published in that country as it applies in relation to literary, musical or artistic works, computer programs, cinematograph films, sound recordings and published editions first published in the Republic;”; and

by the substitution for of paragraph (e) of subsection (1) of the following paragraph:

in relation to broadcasts made and programme-carrying signals [made or] emitted to a satellite from places in that country [or by one or more organizations constituted by or under the laws of that country] as it applies in relation to broadcasts made and programme-carrying signals [made or] emitted to a satellite [by the Corporation] from a place in the Republic .”.

Repeal of section 38 of Act 98 of 1978

30. Section 38 of the principal Act is hereby repealed.

Amendment of section 41 of Act 98 of 1978

31. Section 41 of the principal Act is hereby amended―

by the substitution for subsection (1) of the following subsection: “(1) Nothing in this Act shall affect any right or privilege of the state [subsisting otherwise than by virtue of any law, or any right or privilege of the state] or of any other person under any law not expressly repealed, amended or modified by this Act.”; and

by the substitution for subsection (3) of the following subsection: “(3) [Nothing in this Act shall affect the operation of any rule of equity relating to breaches of trust or confidence] The provisions of this Act shall not derogate from any rule of law relating to confidential or privileged information, unlawful competition or personality rights .”.