The SAAO is a research facility of the NRF. The NRF as a government entity is considered to be a receiving institution in terms of the IPR-PFRD Act and is bound by its provisions. This policy provides that all IP created in NRF business units including the SAAO must be owned by the NRF unless it is fully funded, using the NRF’s full cost model.
Who does it apply to?
- Personnel of the NRF, including its divisions, departments, projects, business units and the NRF Facilities
- any person who creates or uses NRF IP in the course of a contract, an exchange of services, a secondments, a training period, a collaborative undertaking or otherwise;
- any graduate student, postdoctoral fellow, visiting scientist or other person participating in research which is funded, cofunded or hosted by the NRF, or who makes significant use of the NRF Equipment, NRF Facilities, or other Resources; and
- any Service Provider and/or Consultant that creates IP in the course of rendering a service to the NRF.
IPR Act Overview
The Intellectual Property Rights from Publicly Financed Research and Development Act (Act No. 51, 2008) (the IRP Act) was signed and Gazetted on 22 December 2008. It only came into effect on 2 August 2010.
The primary purpose of this piece of legislation is to ensure that IP produced from publicly financed R&D is protected and commercialised for the benefit of the people of South Africa .
National Intellectual Property Management Office (NIPMO) was established to implement the IPR Act. The Intellectual Property Office of the NRF acts as a link between all NRF research facilities and business units and NIPMO ensuring NRF’s compliance with the IPR Act, particularly in terms of reporting requirements. Any specific terms in research contracts or IP transaction agreements that require referral to NIPMO are also managed by the Intellectual Property Office.
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