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Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

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Innovation & Intellectual Property<br />

Open science, open knowledge, open research<br />

Interrogating the value of OA <strong>for</strong> research productivity, visibility, accessibility <strong>and</strong><br />

knowledge in South Africa needs to be approached from a multi-disciplinary perspective.<br />

This entails moving beyond consideration of copyright <strong>and</strong> IP laws <strong>and</strong><br />

traditional boundaries of scholarly publishing into consideration of the potential,<br />

offered by OA publishing, of what is sometimes referred to as “open science”,<br />

“open knowledge” or “open research”. The openness orientation implied by these<br />

terms entails the prioritisation of wide dissemination <strong>and</strong> sharing of the outputs<br />

of scientific research. This approach requires institution-wide commitment <strong>and</strong><br />

change at universities. It requires the creation <strong>and</strong>/or strengthening of a research<br />

value chain that incorporates all levels of the academic hierarchy engaged in<br />

researching, writing <strong>and</strong> publishing. Abrahams et al. (2008) propose a framework<br />

“based on open knowledge approaches to knowledge production, publishing <strong>and</strong><br />

dissemination in response to identified constraints <strong>and</strong> challenges to a productive<br />

academic research <strong>and</strong> publishing sector” (2008, p. 9).<br />

This research endeavour thus combined consideration of ideas around IP<br />

commercialisation with consideration of the dynamics of knowledge socialisation<br />

<strong>and</strong> of the many transitions that are possible <strong>for</strong> managing IP <strong>and</strong> disseminating<br />

knowledge.<br />

3. Findings Part 1: the Act <strong>and</strong> Regulations<br />

Evolution of the South African approach, 1996 to 2012<br />

The Act <strong>and</strong> Regulations have their roots (see Figure 13.1) in the government’s<br />

1996 White Paper on Science <strong>and</strong> Technology, which flagged the need <strong>for</strong> an IP<br />

regime that encourages innovation (DACST, 1996, Chap. 6). This orientation was<br />

reiterated in the Department of Science <strong>and</strong> Technology’s (DST’s) 2002 National<br />

Research <strong>and</strong> Development (R&D) Strategy, which lamented the absence of a <strong>for</strong>mal<br />

policy framework <strong>for</strong> IP protection of publicly financed research <strong>and</strong> expressly<br />

mentioned the US Bayh–Dole Act as a model to emulate (DST, 2002, pp. 22, 67).<br />

The R&D Strategy was partially implemented by the creation of the Intellectual<br />

Property Rights from Publicly Financed Research Framework in 2006, which<br />

<strong>for</strong>med the blueprint <strong>for</strong> the eventual IPR-PFRD Act of 2008. The Framework<br />

preceded the publication by the Department of Science <strong>and</strong> Technology (DST)<br />

of a Ten-Year Innovation Plan in 2008 that identified financing <strong>and</strong> IP management<br />

as major challenges to successful IP commercialisation. Accordingly, the<br />

Ten-Year Plan provided <strong>for</strong> creation of the Technology Innovation Agency (TIA)<br />

to provide funding, <strong>and</strong> creation of the National IP Management Office (NIPMO)<br />

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