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

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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. 311
Innovation & Intellectual Property Policies Green Paper for Post-School Education and Training (2012), Department of Higher Education and Training (DHET), Pretoria (DHET, 2012). Intellectual Property Rights from Publicly Financed Research Framework (2006), Department of Science and Technology (DST), Pretoria (DST, 2006). National Research and Development Strategy (2002), Department of Science and Technology (DST), Pretoria (DST, 2002). Ten-Year Plan for Science and Technology (2008). Department of Science and Technology (DST), Pretoria (DST, 2008). White Paper on Science and Technology (1996), Department of Arts, Culture, Science and Technology (DACST), Pretoria (DACST, 1996). UCT University of Cape Town (UCT) (2008), “Comments on IPR from Publicly Financed Research and Development Bill”. University of Cape Town (UCT) (2010), Innovation at UCT 2010. University of Cape Town (UCT) (2011a), Innovation at UCT 2011. University of Cape Town (UCT) (2011b) Intellectual Property Policy, available at: www.uct.ac.za/downloads/uct.ac.za/about/policies/intellect_property.pdf (accessed 25 April 2013). Wits University Wits Commercial Enterprise (Pty) Ltd. (Wits Enterprise) (2012), data from interviews and unpublished documents obtained by the authors from Wits Enterprise, Johannesburg. Wits University (2003), Intellectual Property Policy. Wits University (2010), 2010 Research Report. Secondary sources Abrahams, L. and Akinsanmi, T. (2011), “Revitalisation of higher education in Southern Africa: key themes and issues for the attention of policy-makers and university leadership”, unpublished paper, LINK Centre, University of the Witwatersrand, Johannesburg. Abrahams, L., Burke, M., Gray, E. and Rens, A. (2008), Opening Access to Knowledge in Southern African Universities, SARUA Study Series, Southern African Regional Universities Association (SARUA), Johannesburg. 312
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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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Chapter 11 The State of Biofuel Inn
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Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

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