Intellectual Property Rights from Publicly Financed Research and
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsEquipment Authorisation Regulations, 202110. Provisional Authorisation |
| (1) | The Authority may award Provisional Authorisation permits for a period of up to eight (8) months for the following purposes: |
| (a) | use of electronic communications equipment, electronic communications facilities and/or subscriber equipment on a not for-sale, non-commercial or pre-commercial basis, for trial, research and development or demonstration; or |
| (b) | testing of electronic communications equipment, electronic communications facility or subscriber equipment in an ATL in South Africa. |
| (2) | Applications for Provisional Authorisation must be accompanied by the following: |
| (a) | purpose of the test, trial, demonstration or research and development; |
| (b) | details of the units to be used or tested, including the quantity; |
| (c) | duration of the test, trial, demonstration or research and development; and |
| (d) | the Global Positioning System coordinates of the location where the tests, trials, demonstration or research and development are to be performed. |
| (3) | The term of the Provisional Authorisation permit may be extended, for good reasons given, for a period that does not exceed six (6) months. |
| (4) | Demonstrations of prototypes, exhibitions and trials must allow for the participation of the Authority's personnel according to mutually agreed upon principles, should the Authority deem it necessary. |
| (5) | The holder of a Provisional Authorisation permit must furnish the Authority with a report of the test, trial, research or demonstration, within thirty (30) days after the lapse of the test, trial, research or demonstration period. |
| (6) | In the event that the Provisional Authorisation permit holder does not wish to apply for Equipment Authorisation within or after the period of test, trial, demonstration or research and development, the holder of the Provisional Authorisation permit is obliged to ensure that all the units that were deployed or used are withdrawn at the Provisional Authorisation permit holder’s own cost, within thirty (30) days after the lapse of the test, trial, demonstration or research and development period. |
| (7) | The Provisional permit does not necessarily guarantee that the Equipment Authorisation will be granted. |
