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

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Effects of the South African IP Regime on Generating Value “to enhance protection of IPRs” (DST, 2008, pp. 22–23). Ultimately, the essential elements of the IP Framework articulated via the foregoing developments were enacted as the Act in 2008, supplemented by the Regulations of 2009 (effective in 2010). Meanwhile, since the mid-2000s, the Academy of Sciences of South Africa (ASSAf) has sought to promote OA publishing. By 2011, ASSAf had adapted the Brazilian Scielo OA publishing platform to create Scielo South Africa, encouraging South Africa’s top scholarly journals to locate there. In 2012, Scielo South Africa was endorsed by international publishing firm Thomson Reuters’s Web of Science scientific citation platform, meaning that authors publishing in a journal hosted by Scielo South Africa are recognised to have published in a Web of Science indexed journal. At the National Scholarly Editors’ Forum convened by ASSAf in July 2012, the Department of Higher Education and Training (DHET) indicated that it was considering requiring all accredited South African journals to publish either on the Scielo South Africa platform or on another internationally recognised platform such as Web of Science. Also in 2012, DHET’s Green Paper for Post-School Education and Training in South Africa, released in February of that year, prioritised open educational resources (OERs), i.e. learning objects made freely available online with minimal copyright or usage restrictions. Science & Technology White Paper 1996 National Research & Development Strategy 2002 NACI R&D Utilisation Study 2003 IPR from Publicly Funded Research Framework 2006 10-Year Plan for Science & Technology 2008 IPR-PFRD Act & Regulations 2008−9 Policy changes and open access & ASSAf and DHET 2011−12 Figure 13.1: Evolution of the South African approach: timeline Source: Authors’ data collection. 289
Innovation & Intellectual Property Rationale At the time of the IPR-PFRD Act’s formulation, it was argued that the Act was essential to encourage publicly funded research institutions to be innovative and productive in the knowledge economy (DST, 2006, pp. 5–7). The lack of a national IP protection and commercialisation framework, it was argued, prejudiced South Africa because publicly funded research was being underutilised (NACI, 2003) and IP was being “lost to foreign jurisdictions” or “sitting on shelves” and failing to contribute to national socio-economic development (Sibanda, 2011). South Africa’s poor patent profile was cited as an indicator of “a major weakness in South Africa’s ability to become a full player in the global knowledge economy” and “[i]ncreasing patenting activity” and “building capacity in entrepreneurship and technology transfer within publicly funded institutions” were identified as remedial solutions (DST, 2006, p. 15). The legislation therefore provides for protection and commercialisation of IP from publicly funded research and places restrictions on offshore IP transactions to limit the loss of IP to foreign jurisdictions. There were also perceptions that a lack of clear incentive and benefitsharing formulae were resulting in an environment with little or no motivation for researchers to innovate and commercialise inventions. The legislation, therefore, provides for benefit-sharing to incentivise researchers, an approach seemingly inspired by the approach adopted in the US via the provisions of the 1980 Bayh-Dole Act (see Chapters 14 and 15 of this volume for examples of attempted Bayh-Dole-type orientations in Ethiopia and Botswana, respectively). Primary intent of the IPR-PFRD Act The Act of 2008 defines “commercialisation” as [...] the process by which any intellectual property emanating from publicly financed research and development is or may be adapted or used for any purpose that may provide any benefit to society or commercial use on reasonable terms, and “commercialise” shall have a corresponding meaning. (Sect. 1 of the Act) This definition is expounded by Section 1 of the Regulations, which defines “benefits” as: [...] contribution to the socio-economic needs of the Republic and includes capacity development, technology transfer, job creation, enterprise development, social upliftment and products, or processes or services that embody or use the intellectual property. (Sect. 1 of the Regulations) These definitions result in a problematic conflation of IP commercialisation with socialisation of knowledge. The underlying theoretical perspective that 290
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Innovation & Intellectual Property
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Contents Preface ..................
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Preface This book is among the key
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Preface mandated Train for Trade pr
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About the Contributors Dr Perihan A
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Chapter 2 Frameworks for Analysing
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Chapter 6 The Policy Context for a
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Chapter 10 African Patent Offices N
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Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

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