40 Advisory committee (1) (a) The Minister shall appoint an advisory committee consisting of a judge or a senior advocate of the Supreme Court of South Africa as chairman and such ex officio and other members as the Minister may from time to time determine. [Para. (a) substituted by s. 4 (a) of Act 61 of 1989.] (b) A member of the advisory committee shall hold office for such period as the Minister may direct and shall be eligible for reappointment upon the expiration of his period of office. (2) The advisory committee shall as to witnesses and their evidence have the powers of a commission under the Commissions Act, 1947 (Act 8 of 1947). (3) The advisory committee may from time to time make recommendations to the Minister in regard to any amendments to this Act and to the Trade Marks Act, 1963 (Act 62 of 1963), the Designs Act, 1967 (Act 57 of 1967), and the Patents Act, 1978 (Act 57 of 1978), and shall advise the Minister on any matter referred to it by the Minister. [Sub-s. (3) substituted by s. 4 (b) of Act 61 of 1989.] (4) (5) (a) The advisory committee may constitute and maintain subcommittees. [Para. (a) substituted by s. 4 (c) of Act 61 of 1989.] (b) The advisory committee shall appoint as members of the subcommittees such of its members and such other persons and for such periods of office as the advisory committee may from time to time determine. The advisory committee may call to its assistance any person it may deem necessary to assist it with, or to investigate matters relating to, the functions referred to in subsection (3). [Sub-s. (5) substituted by s. 4 (d) of Act 61 of 1989.] (5) The Registrar shall be responsible for the administration of the advisory committee and the subcommittees. [Date of commencement of s. 40: 30 June 1978.] 41 Savings (1) Nothing in this Act shall affect any right or privilege of the State or of any other person under any law not expressly repealed, amended or modified by this Act. Source: http://www.wipo.int/portal/es/

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