IP Rights Bill signed into law

2009-01-14 16:07

Johannesburg - The Intellectual Property Rights Bill has been signed into law, the department of science and technology said on Wednesday.

The bill contained clear obligations regarding the ownership of intellectual property rights in South Africa and was published in the Government Gazette on December 22, 2008, the department said.

"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 provided for an enabling environment for intellectual property (IP) creation, protection, management and commercialisation, the department said.

The country's knowledge-generating institutions would now have clear guidance on how best to manage IP, as well as how to ensure that publicly financed IP went out into the market place and was 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."

Technology Innovation Agency Act

According to the department, support would 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 was the Technology Innovation Agency Act, which provided for the establishment of a public entity to finance individuals and entities commercialising their technological innovations and inventions, the department said.

It added that it hoped to set up the agency in 2009, "in order to integrate the management of disparate technological innovation initiatives that are still at a developmental stage".

The Bill was developed due to the fact that over the past 15 years, South African universities filed less than 5% of all patent applications made by South Africans.

Furthermore, a number of patents emanating from South African institutions have been bought by foreign companies and have been commercialised offshore, with no benefits accruing to South Africans.

The department said its assessment of the situation revealed that intellectual property losses were mostly due to a lack of clarity on how intellectual property, and specifically that which is developed with public funds, should be managed and commercialised.

- SAPA