n Annual Survey of South African Law - Intellectual property law
|Article Title||Intellectual property law|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Affiliations||1 University of South Africa and 2 University of South Africa|
|Publication Date||Jan 2011|
|Pages||719 - 734|
The Intellectual Property Laws Amendment Bill [B8B-2010] was passed by the National Assembly in 2011. However, on 20 September 2012, the Presidency issued a statement that the President has referred the Bill back to the National Assembly for reconsideration, after he had considered all the submissions that he received against signing the Bill into law. He sent the Bill on the following grounds: (a) The Bill ought to have been referred to the National House of Traditional Leaders, as required in terms of section 18 of the Traditional Leadership and Governance Framework Act 41 of 2003; and (b) the provisions of the Bill affect certain matters listed in Schedule 4 to the Constitution of the Republic of South Africa, 1996, in particular, traditional leadership and cultural matters, and should accordingly be dealt with in terms of section 76 of the Constitution (see http://www.thepresidency.gov.za/pebble.asp?relid=6794).
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