6105 Government Gazette 25 August 2016 Act No. 8, 2016 (vii) 25 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ACT, 2016 by the substitution of the following definition for the definition of “staff member”: “staff member” means a staff member of BIPA as defined in section 1 of PIBA Act;”; (c) by the substitution of the following section for section 2: “Registration of industrial property 2. For the purposes of this Act, the Registration Office is responsible for all functions relevant to the registration, recordal, maintenance and administration of industrial property rights as provided for in this Act.”; (d) by the repeal of section 4; (e) by the substitution of the following section for section 11: “Limitation of liability 11. The Registrar or staff member is not personally liable for damage or loss arising out of an act or omission committed in good faith, while exercising or performing the powers or functions under or in terms of this Act, except if such damage or loss was caused as a result of the gross negligence, dishonesty or unlawful conduct by the Registrar or staff member.”; (f) by the insertion after section 238 of the following section: “Fees 238A. Any fees and other money payable in terms of this Act are for the account of BIPA and any outstanding fees or any other money due and payable to BIPA are debt due to and recoverable by BIPA in any competent court.”. ________________

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