Page:Intellectual Property Laws Amendment Act 1997 from Government Gazette.djvu/24

46No. 18325

Amendment of section 25 of Act 98 of 1978, as amended by section 21 of Act 125 of 1992

56. Section 25 of the Copyright Act, 1978, is hereby amended by the substitution for subsection (2) of the following subsection: “ (2) Before an exclusive licensee or sub-licensee institutes proceedings under subsection (1), he or she shall give notice in writing to the owner of the copyright concerned of the intention to do so, and the owner may intervene in such proceedings and recover any damages he or she may have suffered as a result of the infringement concerned or a reasonable royalty to which he or she may be entitled. ”.

Substitution of section 34 of Act 98 of 1978

57. The following section is hereby substituted for section 34 of the Copyright Act, 1978: “Diffusion service

34. In a dispute concerning the transmission of broadcasts in a diffusion service in the Republic, the tribunal shall disallow any claim under this Act to the extent to which the licences of the broadcaster concerned provide for or include such transmission in a diffusion service. ”.

Substitution of certain word in Act 98 of 1978

58. Sections 6(e), 7(d), 8(1)(d) and 10(c) of the Copyright Act, 1978, are hereby amended by the substitution in the Afrikaans text for the word “voortgesit”, wherever it occurs, of the word “bedryf”. Amendment of section 10 of Act 194 of 1993

59. Section 10 of the Trade Marks Act, 1993, is hereby amended—

by the substitution for paragraph (5) of the following paragraph:

a mark which consists exclusively of the shape, configuration, [or] colour or pattern of goods where such shape, configuration, [or] colour or pattern is necessary to obtain a specific technical result, or results from the nature of the goods themselves;”;

by the substitution for paragraph (6) of the following paragraph:

subject to the provisions of section 36 (2), a mark which, on the date of application for registration thereof, or, where appropriate, of the priority claimed in respect of the application for registration thereof, constitutes, or the essential part of which constitutes, a reproduction, imitation or translation of a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark within the meaning of section 35 (1) of this Act and which is used for goods or services identical or similar to the goods or services in [question] respect of which the trade mark is well-known and where such use is likely to cause deception or confusion ;”;

by the substitution for paragraph (8) of the following paragraph:

 “(8) (a)  a mark which consists of or contains the national flag of the Republic or a convention country, or an imitation from a heraldic point of view, without the authorization of the competent authority of the Republic or convention country, as the case may be, unless it appears to the registrar that use of the flag in the manner proposed is permitted without such authorization;