Update on IPR Act and Regulations

McLean Sibanda of the Innovation Fund recently provided attendees at the Technology Transfer Office meeting held in Johannesburg recently (4/5 June 09) with an update on the IPR Act and associated draft Regulations. A total of 43 public comments were received on the draft Regulations for the IPR Act.

The DST review team have been given a month to review these comments and in light of them, to make any amendments or revisions to the Regulations and submit them to the Minister. A schedule is also being prepared to summarise the public comments and reasoning has to be provided to the Minister in cases where the comments were rejected and no changes made to the Regulations.

McLean also clarified the role of NIPMO (National IP Management Office) in the contect of TIA and he highlighted that NIPMO will be independent of TIA, to prevent a situation where TIA is 'both playing and refereeing'.

NIMPO will fall under DST and will be the central point of IP reporting. The IPR Act makes provision for an IP Fund and this will be formed from the Patent Support Fund for institutions and the Patent Incentive Fund for researchers, which will move over from the Innovation Fund. The patent support fund for SMME's and techno-entrepreneurs will remain with TIA as due diligence is required in the award of these funds and TIA is best place to perform this.

The DST task team is hoping to get the IPR Act proclaimed in early July, this will be the point at which NIMPO can become a legal entity. At present McClean, the DG and DDG are providing assistance to parties who have queries relating to contracts/special circumstances that may be affected by the proclamation of the Act. Requests relating to specific circumstances or contracts can be made via RCIPS.

McLean mentioned that DST has been under considerable pressure from other departments in terms of showing a return from the investment in science and technology and if the science budget is to be increased (against the demands say of housing, etc.) they need to show delivery and/or at least protection of IP from the investment of tax payers' money.

The DST is engaging with other government departments to determine how any conflicts with their programmes can be addressed - importantly the dti regarding the fate of THRIP funding, which is where UCT will perhaps see the greatest negative impact of the Act. The alternative is for companies to make use of the 150% tax benefit that is available to companies if they have research done at UCT.