Pretoria - President Jacob Zuma has referred the Intellectual Property Laws Amendment Bill back to Parliament, the Presidency said on Thursday.
This followed his consideration of all submissions he received against signing the Bill into law.
The presidency said 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, 2003.
The bill sought to amend the performer’s protection, copyright, trade marks and designs acts by including provisions which aim to recognise and protect traditional knowledge.
Traditional knowledge includes, among others, traditional performances having an indigenous origin and a traditional character, and copyright works of a traditional character.
The provisions of the Bill affected certain matters listed in Schedule 4 of the Constitution in particular - traditional leadership and cultural matters - and should therefore be dealt with in terms of section 76 of the Constitution, the presidency said.
“I have considered the bill, the submissions (made) and the legal opinion on the matter. I am of the view that the bill, as it is now, may not be Constitutional,” said Zuma. - Sapa