The Intellectual Property Rights from Publicly Financed Research and Development Act (Act No. 51, 2008) (“the IRP Act”) has governed the ownership of IP at universities in South Africa since 2010.
Research that is conducted at a minimum of “Full Cost” falls outside of the IPR Act. The UCT Full Cost Model in reviewed by the National IP Management Office (NIPMO) every two years and a certificate is issued. Full cost is calculated according to the NIPMO-approved model and is inclusive of indirect costs (overheads like utilities, administration, buildings, etc.) and direct costs (consumables, materials, all labour (including General Operating Budget staff)) of a project.
Research that is below Full Cost falls within the ambit of the IPR Act. By default, the university owns the IP arising from the project.
A funder or collaborator may become a co-owner of IP provided four conditions are met as shown in the table below. It is also possible to access the IP through licensing.
Full Cost | Ownership | ||
A | < | UCT |
|
B | < | Joint |
Four conditions need to ALL be met:
|
C | = or > | Funder |
|