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

4No. 18325

Act No. 38, 1997 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.

E IT ENACTED by the Parliament of the Republic of South Africa, as follows:―

CONTENTS OF ACT

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—

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—

work into or onto;

annex or affix to; or

incorporate in; ”;

by the deletion of the definition of “bottle”;

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; ”;

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;”;

by the deletion of the definition of “Gazette”;

by the substitution for the definition of “inspector” of the following definition: