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

Effects of the South African IP Regime on Generating Value
with publicly funded research institutions. Should an institution fail to commercialise
the IP after review and consultation, NIPMO may require the institution
to grant a licence to a third party (Sect. 14(4) of the Act). The institution will be
afforded an opportunity to challenge the exercise of the state’s walk-in rights prior
to NIPMO’s final determination (Sect. 14(2) of the Regulations). Overall, the exercise
of walk-in rights by the state must be reasonable and balanced in relation to
other competing rights and must terminate once the specific health, security or
emergency need has been met (Sect. 14(7) of the Regulations).
Benefit-sharing
Creators of IP from publicly funded research (or the creators’ heirs) are entitled,
under Section 10, to at least 20% of the first ZAR 1 million in revenues generated
by the IP. They are also entitled to at least 30% of the net revenues in excess of
the first ZAR 1 million earned. Revenues are to be shared equally among creators
unless another benefit-sharing formula has been agreed to previously (Sect.
10(3)). Creators are entitled to timely access to monetary and non-monetary
incentives (Sect. 19(1)). Section 9(3) of the Regulations also requires institutions
to develop policies for sharing non-monetary benefits with IP creators for
approval by NIPMO.
4. Findings Part 2: UCT and Wits University
The two studies, of research and IP management realities at UCT and Wits
University, respectively, took different directions. These differences resulted to
some extent from differences in data availability and to some extent from differences
between the matters identified in each setting, during the course of the
research, as being worthy of investigation and analysis.
UCT
Research and innovation indicators
UCT’s IP Policy was amended in 2011 to implement the provisions of the Act
(UCT, 2011b). The Policy addresses the role and duties of UCT’s TTO, the roles
and duties of UCT’s Intellectual Property Advisory Committee, the ownership of
IP, IP commercialisation and dispute resolution. UCT’s Innovation at UCT 2011
report outlines the institution’s IP and commercialisation efforts, which are summarised
in Table 13.1.
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