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Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act No. 51 of 2008)

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Intellectual Property Rights from Publicly Financed Research and Development Regulations, 2009

16. Determination of full cost

 

(1) For the purposes of section 15(4) of the Act, full cost will be determined as follows—
(a) Each institution must every 2 years, submit to NIPMO for approval, formulae for calculation of its applicable direct costs and indirect costs of undertaking research and development and matrices substantially in the format set out in Form IP9 or such other format as may be provided by NIPMO in guidelines, together with an explanatory note in, respect of how such factors have been arrived at.
(b) The formulae referred to in paragraph (a) must include the basic applicable direct costs of undertaking the research and development determined in terms of the institution's financial and related policies and in accordance with generally accepted accounting practices.
(c) Where it is not feasible to determine the indirect costs accurately, the formulae will include a determination of a surcharge in the form of a percentage to be levied on the direct costs as a best estimate of the indirect cost of undertaking such research and development.
(d) The indirect cost percentage may vary from organizational units or faculties within an institution and the institution must justify any variations.
(e) The Advisory Board must constitute a committee of independent experts to whom NIPMO shall refer for consideration the formulae and matrices submitted by the institutions.
(f) NIPMO must, within 60 days of receipt of the submission referred to paragraph (a), approve or recommend amendments based on the reasons provided by the committee referred to in paragraph (e), the formulae and matrices submitted by the institution.
(g) On approval of an institution's formula and matrices, NIPMO or such other agency accredited by NIPMO in terms of guidelines to be issued by NIPMO, must issue such institution with a certificate confirming NIPMO's acceptance of the institution's costing model.