The Intellectual Property Rights Bill has been signed into law, setting out clear obligations regarding the ownership of intellectual property rights in South Africa.
Published in the Government Gazette on 22 December 2008, the Intellectual Property Rights from Publicly Financed Research (IPR) Act has been developed to ensure the effective use of intellectual property resulting from publicly financed research and development – which 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 protected from appropriation.

For this reason, the law provides for an enabling environment for intellectual property (IP) creation, protection, management and commercialisation.

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.

Support will be provided by the National Intellectual Property Management Office (NIPMO) 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 Department of Science and Technology hopes to establish the Agency this year in order to integrate the management of disparate technological innovation initiatives that are still at a developmental stage.

All these initiatives are part of the Department's larger Ten-Year Innovation Plan, aimed at driving South Africa towards a knowledge-based economy in which the production and dissemination of knowledge leads to economic benefits.

Source:
Department of Science and Technology
Nhlanhla Nyide, Chief Director: Communication