AJIC Issue 10, 2009/2010

Permanent URI for this collectionhttps://wiredspace.wits.ac.za/handle/10539/19261

This edition of The African Journal of Information and Communication (AJIC) addresses an aspect of 'information society' discourse that has taken shape in the world of universities, research, publishing and creative works. Given the potential offered by the Internet to leapfrog the divides that currently inhibit the reach and impact of African research, this thematic edition explores an African perspective on scholarly communications in the 21st century. In a continent increasingly linked through the Internet and through telecommunications infrastructure, the flow of information and knowledge across national boundaries presents an opportunity to universities, academics, students and researchers to increase the volume, quality and relevance of their knowledge outputs. However, this opportunity may remain 'theoretical' and beyond the reach of many universities in the region, based on a range of challenges in a number of spheres. These challenges include using Internet-based journal publishing platforms and publishing under Open Access licences such as Creative Commons.

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    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
    (LINK Centre, University of the Witwatersrand (Wits), Johannesburg, 2010-02-15) Chetty, Prialoshni
    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.