Protection of Businesses Act, 1978
R 385
Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act No. 51 of 2008)4. Choice in respect of intellectual property |
| 1) | Subject to section 15(2), intellectual property emanating from publicly financed research and development shall be owned by the recipient. |
| 2) | A recipient that prefers not to retain ownership in its intellectual property or not to obtain statutory protection for the intellectual property must – |
| a) | make the choice in accordance with the regulations and any guidelines published by NIPMO by notice in the Gazette; and |
| b) | within the period set out in section 5(1)(e), notify NIPMO of the decision and the reasons therefor. |
| 3) | NIPMO may, within the prescribed period, after considering the reasons provided by the recipient in terms of subsection (2)(b) and any prejudice that may be suffered by the State if no statutory protection for the intellectual property is obtained, acquire ownership in the intellectual property and, where applicable, obtain statutory protection for the intellectual property. |
| 4) |
| a) | Should NIPMO decide not to acquire ownership in the intellectual property in terms of subsection (3), NIPMO must, in writing, notify the recipient of its decision. |
| b) | Subject to the reasons given in terms of subsection (2)(b), and on notification contemplated in paragraph (a), the recipient must give the intellectual property creator the option to acquire ownership in the intellectual property and to obtain statutory protection for the intellectual property, provided that in the case where a private entity or organisation had provided some funding, such private entity or organisation shall subject to section 10 first be offered such option before the intellectual property creator. |
