Housing Development Agency Act, 2008
R 385
Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act No. 51 of 2008)RegulationsIntellectual Property Rights from Publicly Financed Research and Development Regulations, 200910. Non-commercial licences |
| (1) | Subject to any contractual arrangement to the contrary, a recipient is deemed to have reserved the right to use the intellectual property falling under the Act— |
| (a) | owned fully by the recipient, for research, development and educational purposes and may at any time transfer that right, to a third party on such terms and conditions as the recipient may determine, for the same purpose; or |
| (b) | co-owned by the recipient with co-owner(s), for research, development and educational purposes and subject to the consent of such co-owner(s) of the intellectual property, which may not be unreasonably withheld, may transfer that right, to a third party on such terms and conditions as agreed by the recipient and the co-owner(s) of the intellectual property, for the same purpose. |
| (2) | In the case where NIPMO acquires intellectual property in terms of section 14(5) of the Act, NIPMO will grant a non-exclusive, non-transferrable and royalty-free licence for research, development and educational purposes to any institution in the Republic upon application by such institution. |
