Heiplink

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 regime for students/ visiting researchers/doctoral students and possibility to modify it contractually

HEI shall be the owner of intellectual property