2 GOVERNMENT GAZETTE,9 DECEMBER 2005 No. 28319 - PATENTS AMENDMENT ACT, 2005 Act No. 20,2005 GENERAL EXPLANATORY NOTE: ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. (English text signed by the President,) (Assented to 7 December 2005.) ACT To amend the Patents Act, 1978, so as to insert certain definitions; and to require an applicant for a patent to furnish information relating to any role played by an indigenous biological resource, a genetic resource or traditional knowledge or use in an invention; and to provide for matters connected therewith. B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 2 of Act 57 of 1978, as amended by section 1 of Act 76 of 1988, section 1 of Act 49 of 1996 and section 27 of Act 38 of 1997 10 (a) any indigenous genetic material; or (b) the genetic potential or characteristics of any indigenous species; ‘indigenous biological resource’ means an indigenous biological resource as defined in section 1 of the National Environmental community has regarding the use of an indigenous biological resource or a genetic resource; ‘traditional use’ means the way in which or the purpose for which an 20 Amendment of section 30 of Act 57 of 1978, as amended by section 33 of Act 38 of 1997 2. Section 30 of the principal Act is hereby amended by the insertion after subsection 25 (3) of the following subsections: