6 No. 31745 Act No. 51, 2008 GOVERNMENT GAZETTE, 22 DECEMBER 2008 INTELLECTUAL PROPERTY RIGHTS FROM PUBLICLY FINANCED RESEARCH AND DEVELOPMENT ACT, 2008 (g) where necessary, the State may use the results of publicly financed research and development and the attendant intellectual property in the interest of the people of the Republic. Application of Act 3. (1) This Act applies to intellectual property emanating from publicly financed 5 research and development. (2) (a) Subject to paragraph (b), the Minister may, in addition to the institutions to which this Act applies, by notice in the Gazette, identify any other institution to which this Act applies if he or she is satisfied that the institution may develop intellectual 10 property from publicly financed research and development. (b) Any identification contemplated in paragraph (a) must be done with the concurrence of the Minister responsible for the institution concerned. Choice in respect of intellectual property 4. (1) Subject to section 15(2), intellectual property emanating from publicly financed research and development shall be owned by the recipient. (2) A recipient that prefers not to retain ownership in its intellectual property or not to obtain statutory protection for the intellectual property must— (a) make the choice in accordance with the regulations and any guidelines published by NIPMO by notice in the Gazette; and (b) within the period set out in section 5(1)(e), notify NIPMO of the decision and the reasons therefor. (3) NIPMO may, within the prescribed period, after considering the reasons provided by the recipient in terms of subsection (2)(b) and any prejudice that may be suffered by the State if no statutory protection for the intellectual property is obtained, acquire ownership in the intellectual property and, where applicable, obtain statutory protection for the intellectual property. (4) (a) Should NIPMO decide not to acquire ownership in the intellectual property in terms of subsection (3), NIPMO must, in writing, notify the recipient of its decision. (b) Subject to the reasons given in terms of subsection (2)(b), and on notification contemplated in paragraph (a), the recipient must give the intellectual property creator the option to acquire ownership in the intellectual property and to obtain statutory protection for the intellectual property, provided that in the case where a private entity or organisation had provided some funding, such private entity or organisation shall subject to section 10 first be offered such option before the intellectual property creator. Management obligations and disclosure duties 15 20 25 30 35 5. (1) A recipient must— (a) put in place mechanisms for the identification, protection, development, management of intellectual property, intellectual property transactions and, where applicable, the commercialisation of intellectual property and appro40 priate capacity-building relating thereto; (b) provide effective and practical measures and procedures for the disclosure of intellectual property and ensure that intellectual property emanating from any publicly financed research and development is appropriately protected before results of such research and development are published or publicly disclosed 45 by other means; (c) ensure that personnel involved with the research and development make a disclosure to it within 90 days or such longer period as may be prescribed, of identification by such personnel of possible intellectual property and before the intellectual property is made public; (d) assess the intellectual property to determine whether it merits statutory 50 protection and, where appropriate, apply for and use best efforts to obtain statutory protection in its name;