Protection of Businesses Act, 1978
R 385
Geoscience Act, 1993 (Act No. 100 of 1993)24. Discoveries, inventions and improvements by employees of Council and other persons |
| (1) | Subject to the provisions of subsections (5) and (6), the rights in all discoveries and inventions and in all improvements in respect of processes, apparatus and machines made by— |
| (a) | employees of the Council or officers and employees in the employment of the State who have been placed at the disposal of the Council under section 19(2); |
| (b) | persons assisting the Council with any investigation or research; or |
| (c) | persons to whom bursaries or grants-in-aid have been granted by the Council, unless it is otherwise agreed to by the Council and such persons, |
shall vest in the Council.
| (2) | The Board may make the discoveries, inventions and improvements referred to in subsection (1) and the rights in which are vested in the Council available for use in the public interest subject to such conditions and the payment of such fees or royalties as the Board may determine. |
[Subsection (2) substituted by section 24(a) of Act No. 16 of 2010]
| (3) | If the rights in any discovery, invention or improvement are vested in the Council in terms of subsection (1), the Board may award to the person responsible for the discovery, invention or improvement such bonus as it deems fit and make provision for financial participation by him or her in the profits derived from such discovery, invention or improvement to such extent as the Minister may determine with the concurrence of the Minister of Finance. |
[Subsection (3) substituted by section 24(a) of Act No. 16 of 2010]
| (4) | The Board may on behalf of the Council apply for a patent in respect of any discovery, invention or improvement contemplated in subsection (1), and the Council shall for the purposes of the Patents Act, 1978 (Act No. 57 of 1978), be regarded as the assignee of the discoverer or inventor in question. |
[Subsection (4) substituted by section 24(a) of Act No. 16 of 2010]
| (5) | The rights in a discovery, invention or improvement made by employees of the Council in the course of an investigation for or on behalf of another person, government or administration shall vest in the Council, unless otherwise agreed upon between the Board and the person, government or administration concerned. |
[Subsection (5) substituted by section 24(a) of Act No. 16 of 2010]
| (6) | The provisions of this section shall not apply in respect of a discovery or an invention or improvement contemplated in subsection (1) if, in the opinion of the Board, such discovery, invention or improvement was made by the person concerned otherwise than— |
| (a) | in the course of his or her employment as an employee of the Council; |
| (b) | during the performance of functions in respect of which he or she has been placed at the disposal of the Council in terms of section 19(2); |
| (c) | in the course of any investigation or research with which he or she assisted the Council; or |
| (d) | in the course of any research in respect of which he receives a bursary or grant-in-aid from the Council, |
and which is not connected with such employment, investigation or research.
[Subsection (6) substituted by section 24(a) of Act No. 16 of 2010]
