| (1) |
Subject to the provisions of subsections (5) and (6) the rights in all discoveries and inventions and in all improvements in respect of processes, apparatus and machines made by— |
| (a) |
employees of Mintek or officers and employees in the public service who have been placed at the disposal of Mintek under section 10(1)(c); |
| (b) |
persons assisting Mintek with any investigation or research; or |
| (c) |
persons to whom bursaries or grants-in-aid have been granted by Mintek, |
shall vest in Mintek.
| (2) |
Mintek may make the discoveries, inventions and improvements referred to in subsection (1) available for use in the public interest subject to the conditions and the payment of fees or royalties that Mintek may determine. |
| (3) |
If the rights in any discovery, invention or improvement are vested in Mintek in terms of subsection (1), the Board may award to the person responsible for the discovery, invention or improvement such bonus as it deems fit, or make provision for financial participation by him in the profits derived from such discovery, invention or improvement to such extent as the Minister may determine with the concurrence of the Minister of Finance. |
| (4) |
Mintek may apply for a patent in respect of any discovery, invention or improvement contemplated in subsection (1), and shall for the purposes of the Patents Act, 1978 (Act No. 57 of 1978), be regarded as the assignee of the discoverer or inventor in question. |
| (5) |
Unless it is otherwise agreed, the rights in a discovery, invention or improvement made by Mintek in the course of an investigation for or on behalf of another person, government or administration shall vest in Mintek. |
| (6) |
The provisions of this section shall not apply in respect of a discovery or an invention or improvement referred to in subsection (1) which, in the opinion of the Minister, was made by the person concerned otherwise than – |
| (a) |
in the course of his employment as an employee of Mintek; |
| (b) |
during the performance of functions in respect of which he has been placed at the disposal of Mintek in terms of section 10(1)(c); |
| (c) |
in the course of any investigation or research while assisting Mintek; or |
| (d) |
in the course of any research in respect of which he receives a bursary or grant-in-aid from, |
and which is not connected with such employment, investigation or research.
Housing Development Agency Act, 2008
