Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act No. 51 of 2008)14. Acquisition of intellectual property rights by State |
| 1) | The rights acquired by the State in terms of this section are additional to the rights granted to the State in terms of any other legislation in the Republic. |
| 2) | NIPMO must conduct reviews of non-commercialised intellectual property in consultation with the recipients. |
| 3) | If a review contemplated in subsection (2) shows that the intellectual property in question can be commercialised, NIPMO must engage in further consultations with the recipient in an endeavour to ensure that the intellectual property is commercialised. |
| 4) | NIPMO may require a recipient to grant a licence in any field of use to any person on reasonable terms if, after the consultations contemplated in subsection (3) – |
| a) | the intellectual property is still not being commercialised; or |
| b) | no agreement can be reached with the recipient. |
| 5) | NIPMO may, on behalf of the State, demand the assignment of rights to any intellectual property if a recipient fails to make a disclosure to NIPMO as provided for in this Act. |
