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)RegulationsIntellectual Property Rights from Publicly Financed Research and Development Regulations, 200915. Co-operation between private entities or organisations and institutions |
| (1) | A recipient may after consultation with any other co-owner(s), license its share of the intellectual property governed by section 15(2) of the Act to one or more co-owner(s) of the intellectual property. |
| (2) | Regulations 2, 11, 12, and 14 apply, with changes required by the context, to intellectual property governed by sections 15(1) to 15(3) of the Act. |
| (3) | Any assignment by a recipient of its share of intellectual property governed by section 15(2) of the Act to a collaborator must be in accordance with the provisions of regulations 11 and 12. |
| (4) | In respect of intellectual property emanating from a collaborative research and development agreement involving one or more international funding or donor organisations, or research institutions or organisations, a recipient must, unless specifically provided for in section 15(2) of the Act— |
| (a) | retain ownership of any intellectual property developed by its researchers from the collaborative agreement, or co-own any intellectual property jointly developed by its researchers and collaborators; |
| (b) | use reasonable endeavours to ensure commercialisation of the intellectual property from the collaborative agreement in accordance with sections 11 and 12 of the Act and regulations 11 and 12; |
| (c) | provide reasonable access to collaborators in accordance with international agreements and norms; and |
| (d) | where the collaborative agreement requires that intellectual property emanating from the collaborative research and development be made available to the collaborators or other parties for commercialisation on a royalty-free basis, or should not be commercialised, the recipient must refer to Form IP8 for such agreement to NIPMO for approval, prior to commencement of work under such agreement. |
| (5) | In considering a referral made in terms of subregulation (4)(d), NIPMO must evaluate the relevant terms of the agreement in light of the provisions of the Act and these regulations, taking into account any motivation submitted by the recipient in Form IP8. |
| (6) | Within 30 days of receiving a referral made in terms of subregulation (4)(d), NIPMO must notify the recipient of the outcome of the referral, failing which approval will be deemed to have been granted. |
| (7) | Approval by NIPMO of a referral made in terms of subregulation (4)(d) will be deemed to be approval for intellectual property transactions resulting from the collaborative agreement, provided that such intellectual property transactions comply with the terms of the collaborative agreement, or would otherwise not require NIPMO approval, and no further referrals for approval will be necessary. |
| (8) | NIPMO must from time to time, publish and review existing guidelines in respect of multi-party collaborative research and development agreements. |
| (9) | In developing such guidelines, NIPMO must consider, amongst other factors, advice and guidelines produced by intergovernmental bodies of which the Republic is a member and international agreements to which the Republic is a signatory and local and international good practices. |
