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

Regulations

Schedule 2

Form IP5 : Off-Shore Assignment of Intellectual Property

(Section 12(2) of the Act; Regulation 9(4) and (5))

 

RECIPIENT


Contact Details


Intellectual Property Title


Type of intellectual property and of intellectual property protection (e.g. patent, design, plant breeders right, copyrighted work)


Application / Registration No. (where applicable)


INTELLECTUAL PROPERTY CREATOR(S)

First Name

Middle Name(s)

Family Name













Country / Territory (where applicable application filed or registered)


Status of intellectual property protection (for example, granted, application, non-registered)


Date of reporting of intellectual property to NIPMO (please attach copy)


Funding Agency (i.e. the funding agency that funded the conception or development of the intellectual property)


Summary description of the intellectual property and intellectual property protection


Explanation of why assignment is necessary for commercialisation of the intellectual property


Explanation of why the intellectual property cannot be commercialised through means other than assignment to a third party, such as through exclusive licensing


 
 
Details of proposed assignee

Full Name

Registration Number of Assignee



Business Address

Country of Domicile



Compliance with regulations 12(7).In particular, must substantiate public benefit and any retention of rights to the intellectual property in South Africa


How the public interest will be served by assignment including, for example:

1) agreement by the assignee that it and its successors will commercialise the intellectual property in the Republic and make the products readily accessible
2) remedies for failure to commercialise the intellectual property
3) disposition of the intellectual property in the event of liquidation of the assignee (section 11(3)(a) of the Act), or is otherwise unable or unwilling to commercialise the technology
4) continued reporting obligation of the assignee under the Act.

 


Detail alternative commercialisation of intellectual property if this application is not approved. Please substantiate.