| 1) |
Subject to subsections (5) and (6), the rights in all discoveries and inventions and in all improvements in respect of processes, apparatus and machines made by— |
| a) |
employees of the South African National Energy Development Institute or officers and employees in the public service who have been placed at the disposal of the Energy Research and Development Division of the South African National Energy Development Institute in terms of section 12(3); |
| b) |
persons assisting the South African National Energy Development Institute with any investigation or research; or |
| c) |
persons to whom contracts, including bursaries or grants-in-aid, have been granted by the South African National Energy Development Institute, |
vests in the South African National Energy Development Institute.
| 2) |
The South African National Energy Development Institute may make the discoveries, inventions and improvements referred to in subsection (1) available for use in the public interest subject to the conditions and the payment of fees or royalties that the South African National Energy Development Institute may determine. |
| 3) |
In respect of the rights in any discovery, invention or improvement that are contemplated in subsection (1), the South African National Energy Development Institute may award to the person responsible for the discovery, invention or improvement such bonus as it deems fit, or make provision for financial participation by him or her in the profit derived from such discovery, invention or improvement to such extent as the Minister may determine with the concurrence of the Minister of Finance. |
| 4) |
The South African National Energy Development Institute may apply for a patent in respect of any discovery, invention or improvement contemplated in subsection (1), and shall for the purposes of the Patents Act, 1978 (Act No. 57 of 1978), be regarded as the assignee of the discoverer or inventor in question. |
| 5) |
Unless it is otherwise agreed, the rights in a discovery, invention or improvement made by the South African National Energy Development Institute in the course of an investigation for or on behalf of another person, government or administration shall vest with the South African National Energy Development Institute. |
| 6) |
The provisions of this section shall not apply in respect of a discovery or an invention or improvement referred to in subsection (1) which, in the opinion of the Minister, was made by the person concerned other than— |
| a) |
in the course of his or her employment as an employee of the South African National Energy Development Institute; |
| b) |
during the performance of functions in respect of which he or she has been placed at the disposal of the South African National Energy Development Institute in terms of section 12(3); |
| c) |
in the course of any investigation or research while assisting the South African National Energy Development Institute; or |
| d) |
in the course of any research in respect of which he or she receives a bursary or grant-in-aid from the South African National Energy Development Institute, which is not connected with such employment, functions, investigation or research. |
Intellectual Property Rights from Publicly Financed Research and
