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

Effects of the South African IP Regime on Generating Value
Finally, it is necessary to return to the research question for this study, as
provided in the opening section of this chapter: How does South Africa’s 2008
IP commercialisation law potentially impact research, innovation and scholarly
publishing in key fields at universities? The research has found that the Act
appears to have the potential to steer university research, innovation and scholarly
publishing in new directions. However, it seems clear that if South African
universities approach the Act simply from a compliance perspective, the R&D
objectives of the Act could be lost. A compliance-based approach could lead to
indiscriminate patenting, without consideration to real potential commercial
and social benefits and costs. Such an approach would not achieve the developmental
intentions of the Act, as it would not sufficiently engage universities and
their inventors in the task of considering how best to transfer knowledge generated
by public funds to industry and to society. A compliance-based approach
would represent a lack of the philosophical questioning and iteration necessary
for constructing a 21st-century knowledge and innovation ecosystem in
South Africa.
Bibliography
Primary sources
Legislation, regulations
International:
Bayh-Dole Act, or Patent and Trademark Law Amendments Act (Pub. L. 96-517,
December 12, 1980) (Bayh-Dole Act of 1980).
South Africa:
Broad-Based Black Economic Empowerment (B-BBEE) Act 53 of 2003.
Copyright Act 98 of 1978.
Designs Act 195 of 1993.
Intellectual Property Rights from Publicly Financed Research and Development
(IPR-PFRD) Act 51 of 2008.
Intellectual Property Rights from Publicly Financed Research and Development
Regulations, 2009, GN R675, in Government Gazette 33433 of [i.e. effective on]
2 August 2010.
Patents Act 57 of 1978.
Plant Breeders’ Rights Act 15 of 1976.
Proclamation 34, Government Gazette 33422 of 30 July 2010.
Trademarks Act 194 of 1993.
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