IP Rights from Publicly Financed R&D - New Act

The objective of the Act is to make provision for the intellectual property, emanating from a publicly funded institution such as UCT, to be identified, protected, utilised and commercialised for the benefit of the people of South Africa.

Publicly financed research and development is defined as "research and development undertaking using any funds allocated by a funding agency [i.e. South African state, or an organ of the state, or a state agency that funds research and development] but excludes funds allocated for scholarships and bursaries". Through this Act UCT will own the rights to IP from Government-funded projects, but will be compelled to protect and commercialise the IP; but these rights revert to the Government if UCT elect not to undertake this.

Seminars will be advertised on the RCIPS Seminar Schedule and will provide researchers with key information as to their responsibilities, in terms of intellectual property, when using public funding through programmes such as NRF grants and THRIP. This may have an impact on industry or other funders who collaborate with UCT on projects that use SA Government funding.

Additional information will be updated and published on the RCIPS website here.

A copy of the Act can be downloaded here.

Should you have a specific concern or require additional information, please contact Dr. Andrew Bailey or Piet Barnard.