Legislative Review: Review of IPR Act and Regulations: Intellectual Property Rights from Publicly Financed Research and Development Act, No 51 of 2008, Republic of South Africa

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dc.contributor.author Chetty, Prialoshni
dc.date.accessioned 2016-02-27T10:05:01Z
dc.date.available 2016-02-27T10:05:01Z
dc.date.issued 2010-02-15
dc.identifier.citation Chetty, P. (2009/2010). Legislative review: Review of IPR Act and Regulations: Intellectual Property Rights from Publicly Financed Research and Development Act, No 51 of 2008, Republic of South Africa. The African Journal of Information and Communication (AJIC), 10, 78-83. https://doi.org/10.23962/10539/19774 en_ZA
dc.identifier.issn ISSN 2077-7213 (online version)
dc.identifier.issn ISSN 2077-7205 (print version)
dc.identifier.uri http://hdl.handle.net/10539/19774
dc.identifier.uri https://doi.org/10.23962/10539/19774
dc.description.abstract South Africa’s Intellectual Property Rights from Publicly Financed Research and Development Act, Act No 51 of 2008 (the IPR Act) was passed on 22 December 2008. The Act’s main object is to ‘make provision that intellectual property emanating from publicly financed research and development is identified, protected, utilised and commercialised for the benefit of the people of the Republic’ (IPR Act, 2008: s. 2(1)). The Minister of Science and Technology published corresponding draft regulations (the IPR Regulations) for comment on 9 April 2009 (DST, 2009b).1 To date, the legislation and its attendant draft regulations have been dogged by criticism from lawyers, academics and commentators, who have, inter alia, labelled the IPR Act ‘unconstitutional’ and ‘unworkable’ (Rens, 2009) and queried whether the IPR Regulations are a ‘death knell for open science in South Africa’ (Gray, 2009). This review explores critical issues that recipients of public finance for research and development, including academics, researchers and universities, are confronted with, arising from the IPR Act. The issue is raised regarding the compatibility of the IPR Act and draft regulations with South Africa’s position as a developing country. The review argues that, while the Act has many flaws and may require review, there is an opportunity for the regulations to address some of the identified weaknesses.
dc.description.statementofresponsibility Senior Attorney, Chetty Law
dc.language.iso en en_ZA
dc.publisher LINK Centre, University of the Witwatersrand (Wits), Johannesburg en_ZA
dc.title Legislative Review: Review of IPR Act and Regulations: Intellectual Property Rights from Publicly Financed Research and Development Act, No 51 of 2008, Republic of South Africa en_ZA
dc.title.alternative Legislative Review
dc.type Article en_ZA
dc.citation.doi https://doi.org/10.23962/10539/19774
dc.citation.epage 6


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