Comment sought on draft IPR Act regulations

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The Department of Science and Technology has published the draft Intellectual Property Rights from Publicly Financed Research and Development Regulations for public comment.

Comments can be emailed to Tsitso Rasenyalo at the Department of Science & Technology by no later than 8 May.

 

The regulations flow from the Intellectual Property Rights from Publicly Financed Research Act that became law late year.

 

The Act seeks to ensure the effective use of intellectual property resulting from publicly financed research and development – which the Department of Science and Technology says has “been a grey area for far too long.”

 

The specific object of the legislation is that intellectual property emanating from publicly financed research and development should be commercialised for the benefit of all South Africans, and be protected from private appropriation.

 

DST spokesman Nhlanhla Nyide said at the time the country`s knowledge-generating institutions will now have clear guidance on how best to manage IP, as well as how to ensure that publicly financed IP gets out into the market place and is used.

 

“Key to this, the law is aimed at facilitating the creation of new knowledge that is derived from public funding and to secure this knowledge in the form of IP rights, including, but not limited to patents, for IP that could have economic and social benefits,” he said.

 

Support will be provided by the National Intellectual Property Management Office and the Intellectual Property Fund, as well as offices of technology transfer at the institutions.

 

Closely linked to the IPR Act is the Technology Innovation Agency Act, which provides for the establishment of a public entity to finance individuals and entities commercialising their technological innovations and inventions.

 



The Parliamentary Monitoring Group meanwhile reports that President Kgalema Motlanthe has signed into law the Companies Act 71 of 2008 which will herald a new regime for South African business.