Intellectual Property Rights from Publicly Financed Research and
R 385
Human Sciences Research Council Act, 2008 (Act No. 17 of 2008)14. Intellectual property rights |
| 1) | The rights in respect of any invention or design or any works eligible for copyright protection by an employee of the Council in the course and scope of the employee's employment vests in the Council. |
| 2) | The Council may in its discretion, but subject to such conditions as the Minister may determine, assign or dispose of any of its rights contemplated in subsection (1). |
| 3) | The Council must, with regard to research conducted by employees of the Council- |
| a) | subject to properly informed consent, ensure that in work conducted in respect of indigenous knowledge, written information transfer and material transfer agreements are established before the undertaking of research; and |
| b) | protect, with the consent of the parties, any work, invention, discovery or improvement derived from indigenous knowledge, originally held by any person or community, in such a manner that the person or community can participate in the benefits arising from such protection. |
| 4) | If the rights in respect of an invention or design properly registered in the Republic in terms of subsection (1) are vested in the Council or assigned by the Council in terms of subsection (2), the Council must award to the person responsible for the invention, financial participation by him or her in the proceeds derived from such invention or design at a prescribed percentage. |
| 5) | The Council must ensure that the person contemplated in subsection (4) receives the payment contemplated in subsection (4) timeously. |
| 6) | The Council must, with regard to research conducted by employees of the Council in the area under the jurisdiction of a traditional leader, notify the National House of Traditional Leaders, in writing, of its intention to conduct such research. |
