Many of the instalments of this column that I have written during the latter part of this year dealt with the protection of South African intellectual property. You will recall multiple columns on Rooibos and Honeybush. On November 1, two notices on Karoo lamb appeared in the Government Gazette. The first, from Trade and Industry Minister Rob Davies, related to the prohibition of the use of the words ‘Karoo Lamb’, while the second is an annexure on the rules of the use of ‘Karoo Lamb’.

These notices followed a request from the Karoo Development Foundation Trust (KDF) for the proposed prohibition pertaining to use by any trade, business, profession or occupation or in connection with a trademark, mark or trade description applied to goods other than by KDF members of any other party in accordance with the Rules of Use for Karoo Lamb. The notices also indicate that proprietors of prior identical or similar marks already in use will not be affected by this prohibition. Comment is due by December 1.

The five-page Government Gazette notice on the Rules of Use of Karoo Lamb deals with description of goods, specified standards, livestock, origin, production practices (including grazing and water), carcass classification, slaughtering and packaging facilities, and suggested mechanisms for complying with the rules.

According to the Government Gazette notice, the name Karoo Lamb will only be used in connection with lamb produced and slaughtered in the Karoo region as defined in the notice. Only lamb originating from (that is, born in) the Karoo or, alternatively, that is born outside the Karoo but remained in the Karoo (on natural veldt) for a period of at least six months immediately before slaughter and which is free of scheduled diseases will qualify. The name Karoo Lamb denotes the origin of lamb products and can be associated with carcasses, freshly packed meat or derivate products complying with the rules.

The notice also state that compliance with the rules, detailed in the notice, can be achieved through certification under the Karoo Meat of Origin certification scheme and the use of the certification mark Certified Karoo Meat of Origin. The presence of the certification mark will signal the authenticity of the product as Karoo Lamb. Lamb products correctly classified at registered abattoirs in the Karoo and originating from certified farms in the Karoo that have adhered to the rules will be marked with the roller mark CERT KMOO, issued by the South Africa Meat Industry Company and the Department of Agriculture, Forestry and Fisheries. The carcasses then automatically qualify to be named Karoo Lamb.

Restaurateurs will only be allowed to use the name Karoo Lamb on their menus or in advertisements if they can demonstrate that they acquired the lamb from approved and compliant producers, wholesalers, retailers or distributors.

Cotton Lint
On November 1, the National Agricultural Marketing Council published a request for the continuation of statutory measures (levy, regis- tration, records and returns on cotton lint). The statutory levy of 21c/kg (excluding value-added tax) on cotton lint payable by ginners to Cotton South Africa, as well as the statutory measures relating to registration with Cotton South Africa of producers, purchasers, processors, importers and exporters of cotton and the keeping of records and the submission of returns to Cotton South Africa by exporters, importers, processors and purchasers of cotton will lapse on March 31, 2014. The proposed levy increases have been published for comment, which is due by November 15.

Promotion and Protection of Investment Bill
In the Government Gazette of November 1, the Department of Trade and Industry extended an invitation for public comment on the Promotion and Protection of Investment Bill 2013, which must be submitted by February 1, 2014.

The Bill, if it is passed, will provide legislative protection for investors and achieve a balance of rights and obligations that apply to all investors.

The Bill consist of 13 sections, namely definitions, interpretation of the Act, the purpose of the Act, application of the Act, protection of investment, national treatment, security of investment, principles relating to expropriation, transfer of funds, sovereign right to regulate public interest, dispute resolution, anti- avoidance and short title and commencement.

The Act is to be called the Promotion and Protection of Investment Act, 2013, and will come into operation on a date fixed by the President by proclamation in the Gazette.

Amended APDP Forms
On November 1, the South African Revenue Service published amendments to the rules of the Customs and Excise Act relating to Automotive Production and Development Programme (APDP) forms and annexures, namely DA199, DA199.A, DA199.01, DA199.02, DA199.02A, DA199.03, DA199.04A, DA199.04B, DA199.06A, DA199.06B, DA199.10, DA199.11, DA199.12, DA199.13, DA199.14, DA199.15, DA199.16, DA199.17, DA199.18, DA199.20, DA199.21, DA199.22, DA199.23 and DA199.24. The proposed amendments are essentially to amend the wording in the forms from the previous Motor Industry Development Programme to the APDP, some converted to Excel.

The amendments will be imposed with retrospective effective from January 1.

Frozen Chicken Meat Dumping
Comment has been invited by the International Trade Administration Commission of South Africa with respect to the alleged dumping of frozen bone-in portions of fowls of the species Gallus Domesticus, classifiable under tariff subheading 0207.14.90, originating in or imported from Germany, the Netherlands and the UK.

The application was lodged by the South African Poultry Association (SAPA), an industrial organisation for the poultry producers in the Southern African Customs Union (Sacu) market. The SAPA constitutes about 72% of the Sacu production volume of the subject product. The application by the SAPA is supported by Grain SA, the Animal Feed Manufacturers Association, Namib Poultry Industries, Swazi Poultry Processors, the Botswana Poultry Association and the Basotho Poultry Farmers Association. Afgri, Country Fair, Early Bird (Olifantsfontein), Early Bird (Standerton), Rainbow Chicken, Sovereign Foods and Supreme Poultry provided injury information in this regard, and they constitute a major portion of the total Sacu production.