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South Africa

Country code:

ZA

Flag:

Background of colaboration

Information about funding opportunities for R&D projects:


Name of the programme	Funding organisation	Countries	Research Actions	Limitations
Technology and Human Resources for Industry Programme (THRIP)	South African Government through the Department of Trade and Industry and the National Research Foundation	Regional, national and international	Development of technology and skills	Higher Education Institution needs to enter into a joint venture (co-funding)
Innovation Fund	South African Government through the Department of Science and Technology and the National Research Foundation	Regional, national and international	Projects of an innovative nature that will generate new knowledge, and that will be commercially viable at the end of the three year contract.	Research must have a commercial potential
Support Programme for Industrial Innovation (SPII)	South African Government through the Department of Trade and Industry	Regional, national and international	Financial assistance for projects that develop innovative products and/or processes. The special focus is made at phases of the conclusion of basic research (at the stage of proof of concept) and till a pre-production prototype has been produced. The SPII currently consists of three schemes: the Product Process Development, Matching and Partnership Schemes.	All projects co-funded by HEI
Funding by Technology Innovation Agency (TIA)	Technology Innovation Agency (TIA)	Regional, national and international	Development of new technology or improving existing technology	Research must be to the benefit of region; The stage of development of the idea is beyond basic research and before production expansion.
Research Professional	Various	Regional, national and international	Various
Funding by National Research Foundation (NRF)	National Research Foundation (NRF)	Regional, national and international	A number of research activities	Depend on each programme

Partner search facilities:


Name	Description	Scope	Costs
Higher Education South Africa (HESA)	Links to all HEI's in South Africa by region	South Africa	Free of charge
Department of Higher Education and Training	National policies on higher education in South Africa	South Africa	Free of charge
South African Research and Innovation Management Association (SARIMA)	SARIMA provides the information resources to quickly become familiar with the current issues in research and innovation. SARIMA provides opportunities to meet others both in your own and other institutions.	South Africa	Free of charge
Research Professional	Their newsletters, daily e-mail updates, websites and databases provide constantly updated and reliable information, giving customers the information they need to succeed in today’s competitive research-funding environment.	South Africa	Subscription payable for certain sections of information.

Resources of information:


Name	Description	Costs
National Indigenous Knowledge Systems Office (NIKSO)	National indigenous knowledge systems office provides a platform for collaborations on this subject.	Free of charge

Institutions supporting R&D collaboration:


Name	Description
Department of Science and Technology (DST)	Development of policies. Funding institution. Partner with other departments to enhance the impact of science.
National Intellectual Property Management Office (NIPMO)	NIPMO provides assistance to HEI; it is responsbile for identification, disclosure and statutory protection, and management and commercialisation of the IP referred to it by a recipient of public R&D funds.
Technology Innovation Agency	The Technology Innovation Agency was established with the objective of stimulating and intensifying technological innovation in order to improve economic growth and the quality of life of all South Africans by developing and exploiting technological innovations. The Agency seeks to achieve its mandate by providing Financial and Non-Financial Support to Science Councils, Public Entities, Higher Education Institutions, private research institutions and entrepreneurs.

Legal framework for R&D cooperation:


Name of the agreement	Description
BRICS	Collaboration between Brazil, Russia, India, China and South Africa.
South Africa is signatory to various treaties pertaining to IP (Berne Convention). Other than these treaties, South Africa has no specific R&D agreements with EU, LA, BRICS and ASEAN countries.

General IP info

Categories of IP rights:


Category of IPR	Name of the law	Registration needed	Where to register
Copyright	Copyright Act No. 98 of 1978	Only for cinematograph films as per the Registration of Copyright in Cinematograph Films Act, 1977	Companies and Intellectual Property Commission (CIPC)
Patents	Patents Act No. 57 of 1978	yes	Companies and Intellectual Property Commission (CIPC)
Utility models	not protected	-	-
Trade marks	Trade Marks Act No. 194 of 1993	yes	Companies and Intellectual Property Commission (CIPC)
(Industrial) designs	Designs Act No. 195 of 1993	yes	Companies and Intellectual Property Commission (CIPC)
Geographical Indications	not protected	-	-
Know How	not protected	-	-
Plant Breeders Rights	Plant Breeders Rights Act No. 15 of 1976	yes	Registrar of Plant Breeder's Rights
Topographies of Semiconductor Products	not protected	-	-

IPRs' databases:


Name of the source	What information can I find?	Language
South African Online Patent Search Facility	Database for patents	English
E-Journals	Information on patents, trade marks, designs and copyright in cinematograph films	English

Research related limitations and exceptions to IPRs:


Category of IP right	Type of limitation	Description	Relevant regulation
Patents/Utility models/Designs	PATENTS ONLY The following shall not be an act of infringement of a patent	Making, using, exercising, offering to dispose of, disposing of or import the patented invention on a non-commercial scale and solely for the purposes reasonably related to the obtaining, development and submission of information required under any law that regulates the manufacture, production, distribution, use or sale of any product. The exception is not limited to pharmaceutical products; it applies to any invention (in any field of technology) in respect of which any law requires the submission of information for the manufacture, distribution or sale of a product.	Patents Act No. 57 of 1978, section 69A
Patents/Utility models
Industrial Designs	The following shall not be an act of infringement of the rights of the registered proprietor of a registered design in the form of an integrated circuit topography	Making an article embodying the registered design or a design not substantially different from the registered design, for private purposes or for the sole purpose of evaluation, analysis, research or teaching.	Designs Act No. 195 of 1993, section 20(3)
Topographies of Semiconductor Products
Trade Marks	Use by a person of any of the following shall not infringe rights to trademark	His own name, the name of his place of business, the name of any of his predecessors in business, or the name of any such predecessors place of business; Any bona fide description or indication of the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of his goods or services, or the mode or time of production of the goods or the rendering of the services; Any bona fide use of the trade mark in relation to goods or services where it is reasonable to indicate the intended purpose of such goods, including spare parts and accessories and such services.	Trade Mark Act No. 194 of 1993, section 9
Copyright	The following uses of works shall not infringe copyright	Fair dealing for the purposes of research or private study, or the personal or private use; for the purposes of criticism or review of that work or of another work; for the purpose of reporting current events in a newspaper, magazine or similar periodical; or by means of broadcasting or in a cinematograph film; Judicial proceedings or a report of judicial proceedings; Quotation; Use of work as illustration in any publication, broadcast or sound or visual record for teaching; Reproduction of an article published in a newspaper or periodical, or in a broadcast, on any current economic, political or religious topic.	Copyright Act No. 98 of 1978, section 12

IP Office:


Name of the office	Scope of activities
Companies and Intellectual Property Commission (CIPC)	Main functions of the Commission include registration of Intellectual Property Rights (trade marks, patents, designs and copyright) and maintenance thereof.
National Intellectual Property Management Office (NIPMO)	NIPMO provides assistance to HEI; it is responsbile for identification, disclosure and statutory protection, and management and commercialisation of the IP referred to it by a recipient of public R&D funds.

IP treaties & agreements:


Berne Convention	introduces minimum standard of copyright protection	yes
Paris Convention	establishes minimum standards of industrial property protection	yes
TRIPS		yes
WIPO conventions		yes
PCT		yes
EPC		no
Madrid Protocol	allows registration of trademarks via international route	no
Hague Convention		no
UPOV		yes

Ownership rules:


Default (statutory) regime for the ownership	Patents: inventor; Copyright: author
Default (statutory) regime for employee’s creations	Patents: Employer / Copyright: Employer if the work was made in course of employment or similar relationships, and the author was hired to create such works.
Ownership of research results in publicly sponsored research	Intellectual Property Rights from Publicly Funded Research and Development Act No. 51 of 2008 Section 4: Subject to Section 15(2) (below), Intellectual property emanating from publicly financed research and development shall be owned by the recipient. If recipient prefers not to retain ownership in its intellectual property or not to obtain statutory protection, NIPMO may acquire ownership in such intellectual property and obtain statutory protection. If NIPMO decides not to acquire ownership, the creator of such intellectual property will be entitled to acquire ownership in intellectual property and to obtain statutory protection. Section 15(2): Any private entity or organisation may become a co-owner of the intellectual property emanating from publicly financed research and development undertaken at an institution if: - there has been a contribution of resources, which may include relevant background intellectual property by the private entity or organisation; - there is joint intellectual property creatorship; - appropriate arrangements are made for benefit-sharing for intellectual property creators at the institution; and - the institution and the private entity or organisation conclude an agreement for the commercialisation of the intellectual property.
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually	HEI shall be the owner of intellectual property
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually	HEI shall be the owner of intellectual property
Related law (name & link)	Patents Act No. 57 of 1978 Intellectual Property Rights from Publicly Funded Research and Development Act No. 51 of 2008 Copyright Act No. 98 of 1978

Dissemination rules:


Limitations on publication	Should the University wish to use or publish results of its research in respect of the Research Project, it shall provide Client with a copy of the proposed manuscript or dissertation intended for use or publication. Client shall be given a period of 30 days after receipt to review the proposed manuscript provided the proposed manuscript does not contain any Confidential Information. In the case of a dissertation, Client shall be given a period of 45 days after receipt to review the proposed dissertation, provided the proposed dissertation does not contain any Confidential Information. Should the proposed manuscript or dissertation contain Confidential Information, Client shall be given a period of 90 days, after receipt, within which to review the proposed manuscript or dissertation and to notify The University should it believe that such manuscript or dissertation contains information which, if used or published, would result in Client suffering commercial prejudice. The University shall have the option of removing the prejudicial information and re-submitting the amended manuscript or dissertation to Client on the same conditions as aforesaid. Either Party shall be entitled to stipulate that any publication of the research be withheld from distribution to the public for a period not exceeding 12 months in order to allow for the prior securing of Intellectual Property Rights.
Specific rules regarding publication of scientific results financed by public bodies	Researchers are obliged to disclose and HEIs are obliged to patent prior to publications (IPR Act and NIPMO requirements)
Non-disclosure clauses in research contracts	See above

Specific incentives for innovation activities:


Related Law (name & Link)	Intellectual Property Rights from Publicly Funded Research and Development Act No. 51 of 2008
Incentives provided by law for individual researchers	No
Related Law (name & Link)	-
Incentives provided by HEI for researcher	HEIs are entitled to provide incentives for researchers. In all such cases where the IPR Act applies the incentives are prescribed. Where a research sponsor funds the research outside the ambit of the IPR Act the HEI may prescribe its own incentives.

Form of commercialisation:


Form of commercialisation	Requirements regarding form of contract	Limitations for HEIs	HEIs Unit responsible for commercialisation	Related law (name & link)
Assignment of IPR to Client	Research contract in terms of which the research sponsor obtains the proprietary rights to IPR.	as provided in Intellectual Property Rights from Publicly Funded Research and Development Act	The Research Sponsor (client)	Intellectual Property Rights from Publicly Funded Research and Development Act No. 51 of 2008
Licence of IPR	Terms can be exclusive or non-exclusive. Territory may also be used to limit licensing terms.	as provided in Intellectual Property Rights from Publicly Funded Research and Development Act	Technology Transfer Office	Intellectual Property Rights from Publicly Funded Research and Development Act No. 51 of 2008
Spin out company	None	as provided in Intellectual Property Rights from Publicly Funded Research and Development Act	Technology Transfer Office	Intellectual Property Rights from Publicly Funded Research and Development Act No. 51 of 2008

Revenue sharing:


Remuneration/ Participation in revenues	Statutory rules regarding remuneration	Statutory rules regarding revenue sharing	Internal HEIs rules regarding revenue sharing	Related law (name & link)
Patents and other IPRs	Intellectual Property Rights from Publicly Funded Research and Development Act prescibes minimum benefit sharing persentages	Intellectual Property Rights from Publicly Funded Research and Development Act prescibes minimum benefit sharing persentages	All HEIs in South Africa have Intellectual Property Policies that must comply with the requirments of NIPMO. NIPMO also has the power to instruct non-compliant universities to amend their resective IP Policies to reflect the minimum benefit sharing requirtments	Intellectual Property Rights from Publicly Funded Research and Development Act No. 51 of 2008
Copyrights	Section 21 and 22 of the Copyright Act provides for employees to enter into agreements with employers regarding copyright ownership	None	With the exception of software the HEIs does not lay claim to royalty revenues from copyrighted works	Copyright Act No. 98 of 1978

Models of contracts used in R&D:


Type of contracts	Short description	Source (link)
EU-FP7 contracts	All South African institutions use the EU-FP7 set of contracts for collaboration	http://ec.europa.eu/research/participants/portal/desktop/en/funding/refe...