Act No. 17, 2008
HUMAN SCIENCES RESEARCH COUNCIL ACT, 2008
Intellectual property rights
14. (1) The rights in respect of any invention or design or any works eligible for
copyright protection by an employee of the Council in the course and scope of the
employee's employment vests in the Council.
(2) The Council may in its discretion, but subject to such conditions as the Minister
may determine, assign or dispose of any of its rights contemplated in subsection (1).
(3) The Council must, with regard to research conducted by employees of the
Council—
(a) subject to properly informed consent, ensure that in work conducted in respect
of indigenous knowledge, written information transfer and material transfer
agreements are established before the undertaking of research; and
(b) protect, with the consent of the parties, any work, invention, discovery or
improvement derived from indigenous knowledge, originally held by any
person or community, in such a manner that the person or community can
participate in the benefits arising from such protection.
(4) If the rights in respect of an invention or design properly registered in the Republic
in terms of subsection (1) are vested in the Council or assigned by the Council in terms
of subsection (2), the Council must award to the person responsible for the invention,
financial participation by him or her in the proceeds derived from such invention or
design at a prescribed percentage.
(5) The Council must ensure that the person contemplated in subsection (4) receives
the payment contemplated in subsection (4) timeously.
(6) The Council must, with regard to research conducted by employees of the Council
in the area under the jurisdiction of a traditional leader, notify the National House of
Traditional Leaders, in writing, of its intention to conduct such research.
Funds of Council
15. (1) The funds of the Council consist of—
(a) money appropriated by Parliament for that purpose;
(b) fees, royalties or other revenue obtained in terms of this Act;
(c) donations or contributions received by the Council; and
(d) revenue accruing to the Council from any other source.
(2) The Council must utilise its funds to defray the expenses incurred by the Council
in the performance of its functions under this Act.
(3) Moneys received by way of donation or contribution must be utilised in
accordance with any conditions imposed by the donor or contributor concerned.
(4) The Council may invest any of its funds not immediately required—
(a) subject to any investment policy that may be prescribed in terms of section
7(4) of the Public Finance Management Act: and
(b) in a manner that the Minister may approve.
Delegations
16. (1) The Board may, subject to such conditions as it may determine, delegate to the
chairperson, any member or committee of the Board or the chief executive officer any
function entrusted to the Board under this Act.
(2) The chief executive officer may, subject to such conditions as he or she may
determine, delegate to an employee of the Council any function entrusted to the chief
executive officer under this Act or delegated to the chief executive officer in terms of
subsection (1).
(3) A delegation in terms of subsection (1) or (2) does not preclude the performance
of the function in question by the Board or the chief executive officer, as the case may
be.
Regulations
17. The Minister may make regulations regarding—
(a) any matter that may or must be prescribed in terms of this Act;