[Sub-s. (1) substituted by s. 31 (a) of Act 125 of 1992.]
(2)
Nothing in this Act shall affect the right of the state or of any person deriving title from
the state to sell, use or otherwise deal with articles forfeited under the laws relating to
customs and excise, including any article forfeited by virtue of this Act or of any
enactment repealed by this Act.
(3)
The provisions of this Act shall not derogate from any rule of law relating to
confidential or privileged information, unlawful competition or personality rights.
[Sub-s. (3) substituted by s. 31 (b) of Act 125 of 1992.]
(4)
Subject to the preceding provisions of this section, no copyright or right in the nature of
copyright shall subsist otherwise than by virtue of this Act or of some other enactment
in that behalf.
42 ......
[S. 42 repealed by s. 32 of Act 125 of 1992.]
43 Application to work made before commencement of Act
This Act shall apply in relation to works made before the commencement of this Act as
it applies in relation to works made thereafter: Provided that(a)
nothing in this Act contained shall(i)
subject to paragraph (d), affect the ownership, duration or existence of any
copyright which subsists under the Copyright Act, 1965 (Act 63 of 1965);
or
(ii)
subject to paragraph (c), be construed as creating copyright in any type of
work in which copyright could not subsist prior to 11 September 1965;
[Para. (a) amended by s. 14 (a) of Act 52 of 1984 and
substituted by s. 33 (a) of Act 125 of 1992.]
(b)
......
[Para. (b) deleted by s. 14 (b) of Act 52 of 1984.]
(c)
the copyright in a cinematograph film made before the commencement of this
Act shall be governed by the relevant provisions of this Act, subject to the
qualification, in the case of a cinematograph film treated as an original dramatic
work under section 35 of the Third Schedule to the Designs Act, 1916 (Act 9 of
1916)Source: http://www.wipo.int/portal/es/
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