Patents Amendment Act, no. 20 of 2005
颁布于 2005-12-07 · 文本截至 2026-10-01
以研究形式发布的公开法律与官方指引，不构成法律、税务或金融建议。
研究内容本身以英文撰写。标题和标签已翻译，调查结果和引文未翻译。
关于这部法律
- 语言
- English
- 类型
- 法令
- 国家
- 南非
- 主题
- Agricultural and rural development
- 关键词
- biological control agents, genetic resources, offences/penalties, traditional knowledge/indigenous knowledge
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文本
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2. Section 30 of the principal Act is hereby amended by the insertion after subsection 25 (3) of the following subsections: GOVERNMENT GAZE’ME, 9 DECEMBER 2005 “(3A) Every applicant who lodges an application for a patent- accompanied by a complete specification shall, before acceptance of the application, lodge with the registrar a statement in the prescribed manner stating whether or not the invention for which protection is claimed is based on or derived from an indigenous biological resource, genetic resource, or 5 traditional knowledge or use. (3B) The registrar shall call upon the applicant to furnish proof in the prescribed manner as to his or her title or authority to make use of the indigenous biological resource, genetic resource, or of the traditional knowledge or use if an applicant lodges a statement that acknowledges that 10 the invention for which protection is claimed is based on or derived from an indigenous biological resource, genetic resource, or traditional knowledge or use.”. Amendment of section 61 of Act 57 of 1978, as amended by section 12 of Act 58 of 2002 15
3. Section 61 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (8) of the following paragraph: “(g) that the prescribed declaration lodged in respect of the application for the patent or the statement lodged in terms of section 30(3A) contains a false statement or representation which is material and which the patentee knew 20 ought reasonably to have known to be false at the time when the [declaration] statement or representation was made;”. Short title and commencement
4. This Act is called the Patents Amendment Act, 2005, and comes into operation on a date fixed by the President by proclamation in the Gazette. 25