Acts Online
GT Shield

Nuclear Energy Act, 1999 (Act No. 46 of 1999)

Chapter II The South African Nuclear Energy Corporation, Limited

28. Rights to discoveries, inventions and improvements made by Corporation's employees and certain other persons

 

(1) Subject to the provisions of subsections (4) and (5), the rights in all discoveries, inventions and improvements made by employees of the Corporation in the course of their work as its employees, will vest in the Corporation which, with the Minister’s permission, may make any such discovery, invention or improvement available for use in the public interest, subject to any conditions and the payment of any fees and royalties that may be determined by the Corporation and approved by the Minister.

 

(2) The Corporation may, for such a discovery, invention or improvement, pay out of its funds to the employee concerned any bonus, reward or other financial benefit that the Board may determine.

 

(3)

(a) The chief executive officer, on the instruction of the Board, may apply on behalf of the Corporation for a patent in terms of the Patents Act, 1978 (Act No. 57 of 1978), for any invention or improvement referred to in subsection (1).
(b) The chief executive officer may direct the registrar of patents to keep secret any such invention and the manner in which it is to be applied.

 

(4) The rights in respect of any discovery, invention or improvement made by employees of the Corporation in the course of any work done by them as in that capacity on behalf of or for the benefit of another person or institution, will vest in the Corporation unless otherwise agreed between the Corporation and the person or institution concerned.

 

(5) The rights in respect of any discovery, invention or improvement made in the course of work or during a special investigation done or carried out by any other person or institution on behalf of or for the benefit of the Corporation, will vest in the Corporation or in the other person or institution, or in the Corporation and the person or institution jointly, as may be agreed in writing by the parties beforehand, and the party or parties whom the rights in such an invention or improvement are vested, may apply for a patent for the invention or improvement.