Gas Regulator Levies Act, 2002
R 385
Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act No. 51 of 2008)11. Conditions for intellectual property transactions |
| 1) | The recipient determines the nature and conditions of intellectual property transactions relating to any intellectual property held by it, but must take into account the following: |
| a) | Preference must be given to non-exclusive licensing; |
| b) | preference must be given to BBBEE entities and small enterprises; |
| c) | preference must be given to parties that seek to use the intellectual property in ways that provide optimal benefits to the economy and quality of life of the people of the Republic; |
| d) | exclusive licence holders must undertake, where feasible, to manufacture, process and otherwise commercialise within the Republic; |
| e) | each intellectual property transaction must provide the State with an irrevocable and royalty-free licence authorising the State to use or have the intellectual property used throughout the world for the health, security and emergency needs of the Republic; |
| f) | if a holder of an exclusive licence is unable to continue with the commercialisation of the intellectual property within the Republic during the duration of the licence and the recipient wishes to retain the exclusive licence, the recipient must furnish NIPMO with full reasons for retaining exclusivity; |
| g) | a recipient must supply the reasons contemplated in paragraph (f) within 30 days of it becoming aware that the holder of the licence is unable to continue commercialising the intellectual property, or such extended time as may be agreed upon with NIPMO; and |
| h) | NIPMO may request that the exclusive licence contemplated in paragraph (f) be converted to a non-exclusive licence if a recipient fails to furnish the reasons within the period contemplated in paragraph (g), or if NIPMO is not satisfied with such reasons. |
| 2) | Each intellectual property transaction must contain a condition to the effect that, should a party fail to commercialise the intellectual property to the benefit of the people of the Republic, the State is entitled to exercise the rights contemplated in section 14. |
| 3) |
| a) | Each intellectual property transaction involving assignment of intellectual property by an institution to a small enterprise in return for shareholding as a consideration must contain a condition providing that in the event of the liquidation of that small enterprise, the intellectual property shall revert to the institution. |
| b) | The Minister may prescribe the terms and conditions for other intellectual property transactions involving assignment of intellectual property by a recipient. |
