Impact of Protection, Promotion, Development and Management of the Indigenous Knowledge Act on Intellectual Property Laws Amendment Act (postponed)

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Trade, Industry and Competition

19 February 2020
Chairperson: Mr D Nkosi (ANC)
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Meeting Summary

The meeting to discuss the impact of the Protection, Promotion, Development and Management of the Indigenous Knowledge Act on the Intellectual Property Laws Amendment Act had to be postponed after the lead department on this matter, the Department of Science and Technology (DST) as it was previously known, submitted an apology for its inability to attend.

The Portfolio Committee made it clear it had to be able to apply its mind to listen to all three parties in the matter under discussion, which were the Department of Trade and Industry (DTI), the DST and the Companies and Intellectual Properties Commission (CIPC). However, the DST had apologised for their absence, explaining that they were committed to attending a meeting of their own portfolio committee at the same time -- to discuss the same matter.

The Committee agreed that it would not be possible to have a meaningful discussion without the other stakeholders present, and agreed to postpone the meeting to a future date.

Meeting report

The Chairperson apologised for the delay in starting the meeting, and asked if the Committee could be allowed a few minutes of consultation, to see how things would go. He said that there were issues relevant to the Committee for the meeting.

Mr Andre Hermans, Secretary of Committee, said that there had been an apology from Mr D Macpherson (DA), who was attending to party business. There was also an apology from Mr W Thring (ACDP), who would be arriving late.

The Chairperson then advised Members that what had caused a delay was a stakeholder not being available for the meeting. He described this person was a “very strategic stakeholder.” He thought that it would be important to consult and check if the Committee was able to proceed.

Ms J Hermans (ANC) said that she had done some consulting in the meeting, and wanted to propose a motion. If one looked at the two documents that had been presented to the Committee in preparation for the meeting, the two were “a bit divergent.”  Also, the lead department on this matter, the Department of Science and Technology (DST) as it was previously known, had submitted an apology for the meeting. As the Portfolio Committee, it had to be able to apply its mind to listen to all three parties in the matter under discussion, which were the Department of Trade and Industry (DTI), the Department of Science and Technology (DST) and the Companies and Intellectual Properties Commission (CIPC). The CIPC was the implementing and registering entity in the matter under discussion. For the abovementioned reasons, she wanted to propose that the matter be postponed until a future date, when the DST and DSI were also in the meeting.

Mr M Cuthbert (DA) supported Ms Hermans’ point that the two matters under discussion did not speak to one another, and also that it did not help that one would be unable to ask questions if the Department was not present. It would then become a “futile exercise”, because the matters would be delayed and held over to a later stage. He therefore suggested writing a letter to the relevant department. It was important to get everybody to understand the logistical arrangements that had been put in place to get people to the meeting, but it did not help if the Committee did not have all the relevant stakeholders present. He seconded the motion to postpone the meeting.

The Chairperson asked if the Committee could check with other Members to see if there were any further comments.

Mr F Mulder (FF+) supported the motion to postpone the meeting.

The Chairperson suggested making an apology to those who were at the meeting venue, because he thought that from the discussion that the Committee was having now, the point was the linkage between the two matters that the Committee was hoping to clarify. For the Committee, this clarification was a main item on the agenda. The Committee should then be able to conclude the business of today’s meeting, with a proposal to adjourn it and reconvene with all parties that were listed in attendance.

Mr Cuthbert suggested the Committee should secure a date with the relevant Department and pin the Department down, because he imagined that the details of the meeting had been communicated well in advance, but the Department had decided to renege on the meeting. He thought it was “very unprofessional” on the part of the Department, considering how packed the schedule was. The Committee should send a letter to ask if the Department would appear at the scheduled time, and if it failed to appear, it should be taken to the relevant accounting officer to make sure that it stuck to its meetings and commitments.

The Chairperson said that since the other parties had spoken about administrative issues, the Committee Secretary could comment on them.

Mr Hermans said that the Department (Science and Technology had been willing to come to the meeting, but today there was also meeting with its own Portfolio Committee to deal with exactly the same issue as that on this Committee’s agenda. There had been an attempt to combine the matters, and the administration had tried to see how it could fit in both committees, but it had been too challenging. The DST had been willing to come, but the Committee would have to find an alternative date. It was not that the Department did not want to come, but it was dealing with a similar matter in their own Committee at the moment.

The Chairperson said the decision of the Committee was agreed to, so he would adjourn the meeting. He apologised for the “abrupt” closure, and said that it could reconvene at a later date, which would be communicated.

The meeting was adjourned.


 

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