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No. 31745
Act No. 51, 2008
GOVERNMENT GAZETTE, 22 DECEMBER 2008
INTELLECTUAL PROPERTY RIGHTS FROM PUBLICLY
FINANCED RESEARCH AND DEVELOPMENT ACT, 2008
(f)
attend to all aspects of intellectual property transactions and the
commercialisation of the intellectual property;
(g) conduct evaluations on the scope of statutory protection of the intellectual
property in all geographic territories subject to commercialisation potential of
the intellectual property; and
(h) liaise with NIPMO as provided for in this Act.
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Establishment of National Intellectual Property Management Office
8. (1) There is hereby established an office within the Department, called the National
Intellectual Property Management Office (NIPMO).
(2) The Minister may, by notice in the Gazette, assign the operation of NIPMO to any 10
public entity whose objects are consistent with NIPMO’s functions.
Functions of NIPMO
9. (1) NIPMO must promote the objects of this Act, which includes the statutory
protection, management and commercialisation of the intellectual property referred to it
by a recipient in terms of section 4.
(2) NIPMO must ensure that it has the capacity to consider any intellectual property
referred to it by a recipient in terms of section 4, and to deal with it in accordance with
this Act.
(3) NIPMO must liaise with the recipients or any other party it deems fit to determine
the viability of—
(a) obtaining statutory protection for the intellectual property referred to it, if it is
in the national interest;
(b) concluding any intellectual property transactions; or
(c) commercialisation of such intellectual property.
(4) NIPMO must, furthermore—
(a) manage information in respect of intellectual property contemplated in this
Act, including data concerning the recipients;
(b) provide incentives to recipients and their intellectual property creators, to
reward them for proactively securing protection for intellectual property and
commercialising it and, generally, for promoting innovation;
(c) provide assistance to institutions with—
(i) the establishment of offices of technology transfer and related
capacity-building;
(ii) intellectual property transactions;
(iii) commercialisation of intellectual property; and
(iv) any other matter provided for in this Act;
(d) provide appropriate standards and best practices in consultation with a
recipient, without limiting the power of the recipient to act in its own interests
in terms of this Act;
(e) develop guidelines for intellectual property transactions involving non-South
African entities and persons, and manage the implementation of such
guidelines; and
(f) monitor, evaluate and review the obligations of recipients in terms of this Act.
(5) In addition to its other functions, NIPMO may do anything necessary to meet the
objects of this Act and to carry out any other function consistent with those objects that
may be prescribed.
(6) Any administrative decision of NIPMO that adversely affects a recipient must be
dealt with in terms of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of
2000).
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