The Commission is established in terms of section 185 of the Companies Act, 2008 (Act 71 of 2008), as a juristic person to function as an organ of state within the public administration but outside the public service. As such it is mandated to undertake and enhance the functions of OCIPE as well as those previously falling under CIPRO’s mandate.
The Commission’s mandate can in short be defined as the administration of and performance of all the powers and functions assigned to it by the said Companies Act, 2008 (Act 71 of 2008), as well as Acts referred to in Schedule 4 of the Act. {Section 185 (2) (d) and 187(1) referred}; and other agreements.
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Domain: Companies and Close Corporations
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Companies Act , 2008 (Act No 71 of 2008)
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To consolidate and amend the law relating to companies and provide for matters incidental thereto.
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Close Corporations Act, 1984 (Act 69 of 1984)
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To provide for the formation, registration, incorporation, management, control and liquidation of close corporations.
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Share Blocks Control Act, 1980 (Act 59 of 1980)
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To control the operation of share block schemes, i.e. any scheme in terms of which a share, in any manner whatsoever, confers a right to or an interest in the use of immovable property.
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Business Names Act,1960 (Act 27 of 1960)
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To provide for the control of business names and matters incidental thereto.
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Domain: Co-operatives
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Co-Operatives Act, 2005 (Act 14 of 2005)
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To provide for the formation and registration of co-operatives and matters incidental thereto.
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Domain: Intellectual Property
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Patents Act, 1978 (Act 57 of 1978)
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To consolidate the law relating to patents for inventions and for the rights of a patentee.
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Patent Cooperation Treaty (PCT), effective in South Africa from 16 March 1999
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To provide for functioning of the CIPC as receiving, designated and elected office in terms of PCT.
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Trade Marks Act, 1993 ( Act 194 of 1993)
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To consolidate the law relating to
trade marks and provide for the registration of trade marks, certification of trade
marks and collective trade marks, and the protection of rights relating thereto.
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Designs Act, 1993 (Act 195 of 1993)
Designs Act, 1967 (Act 57 of 1967)
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To consolidate the law relating to designs, provide for the registration of designs and delineate the rights pertaining thereto.
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Copyright Act, 1978 (Act 98 of 1978)
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To regulate copyright in respect of, inter alia, artistic works, dramatic works, computer programmes, musical and literary works.
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Registration of Copyright in Cinematography Films Act, 1977 (Act 62 of 1977)
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To provide for the registration of copyright in cinematograph films and matters connected therewith.
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Merchandise Marks Act , 1941 (Act 17 of 1941) (amended 2002)
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To make provision concerning the marking of merchandise and of coverings in or with which merchandise is sold and the use of certain words and emblems in connection with business.
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Intellectual Property Laws Rationalization Act ,1996 (Act 107 of 1996)
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To provide for the integration of Intellectual property rights subsisting in the ex- Transkei, Bophuthatswana, Venda and Ciskei states (TBVCs) into the national system, extend the South African intellectual property rights legislation throughout the Republic and repeal certain intellectual property laws.
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Counterfeit Goods Act, 1997 (Act 37 of 1997)
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To strengthen prohibitions on trade in counterfeit goods; confer powers on inspectors and the South African Police Service (SAPS) to enter and search premises, with and without a warrant; and confer powers on Customs and excise to seize and detain suspected counterfeit goods.
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Performer's Protection Act, 1967 (Act 11 of 1967)
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To provide for the protection of the rights of performers of literary and artistic works
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Unauthorised Use of Emblems Act, 1961 (Act 37 of 1961)
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To provide for the continued operation of certain laws relating to the use of certain emblems and representations and extend the scope of such laws.
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