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Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act No. 51 of 2008)

2. Objects of Act

 

1) The object of this Act is to make provision that intellectual property emanating from publicly financed research and development is identified, protected, utilised and commercialised for the benefit of the people of the Republic, whether it be for a social, economic, military or any other benefit.

 

2) This Act furthermore seeks to ensure that –
a) a recipient of funding from a funding agency assesses, records and reports on the benefit for society of publicly financed research and development;
b) a recipient protects intellectual property emanating from publicly financed research and development from appropriation and ensures that it is available to the people of the Republic;
c) a recipient identities commercialisation opportunities for intellectual property emanating from publicly financed research and development;
d) human ingenuity and creativity are acknowledged and rewarded;
e) the people of the Republic, particularly small enterprises and BBBEE entities, have preferential access to opportunities arising from the production of knowledge from publicly financed research and development and the attendant intellectual property;
f) following the evaluation of a disclosure, researchers may publish their research findings for the public good; and
g) where necessary, the State may use the results of publicly financed research and development and the attendant intellectual property in the interest of the people of the Republic.