16 No. 31745 Act No. 51, 2008 GOVERNMENT GAZETTE, 22 DECEMBER 2008 INTELLECTUAL PROPERTY RIGHTS FROM PUBLICLY FINANCED RESEARCH AND DEVELOPMENT ACT, 2008 with the recipient in an endeavour to ensure that the intellectual property is commercialised. (4) NIPMO may require a recipient to grant a licence in any field of use to any person on reasonable terms if, after the consultations contemplated in subsection (3)— (a) the intellectual property is still not being commercialised; or (b) no agreement can be reached with the recipient. (5) NIPMO may, on behalf of the State, demand the assignment of rights to any intellectual property if a recipient fails to make a disclosure to NIPMO as provided for in this Act. Co-operation between private entities or organisations and institutions 15. (1) A private entity or organisation may become an exclusive licensee of intellectual property emanating from publicly financed research and development undertaken at an institution if such private entity or organisation has the capacity to manage and commercialise the intellectual property in a manner that benefits the Republic. (2) Any private entity or organisation may become a co-owner of the intellectual property emanating from publicly financed research and development undertaken at an institution if— (a) there has been a contribution of resources, which may include relevant background intellectual property by the private entity or organisation; (b) there is joint intellectual property creatorship; (c) appropriate arrangements are made for benefit-sharing for intellectual property creators at the institution; and (d) the institution and the private entity or organisation conclude an agreement for the commercialisation of the intellectual property. (3) Should the private entity or organisation mentioned in subsection (1) or (2) not commercialise the intellectual property, the provisions of section 14 of this Act shall apply with the changes required by the context. (4) (a) Any research and development undertaken at an institution and funded by a private entity or organisation on a full cost basis shall not be deemed to be publicly financed research and development and the provisions of this Act shall not apply thereto. (b) For the purposes of paragraph (a) ‘‘full cost’’ means the full cost of undertaking research and development as determined in accordance with international financial reporting standards, and includes all applicable direct and indirect cost as may be prescribed. (5) For the purposes of this section, private entity or organisation includes a private sector company, a public entity, an international research organisation, an educational institution or an international funding or donor organisation. 5 10 15 20 25 30 35 Confidentiality 16. Employees of NIPMO and the offices of technology transfer may not disclose any 40 information in regard to any matter which may come to their knowledge in terms of this Act, or any work arising from the implementation of this Act, or by virtue of the office held by them to any person, except— (a) in so far as the provisions of the Constitution of the Republic of South Africa, 1996, the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), 45 and this Act require or provide for the publication of or access by the public or any interested person to information relating to such matter; (b) in so far as it may be necessary for the effective governance and management of NIPMO or the offices of technology transfer, or for the purpose of due and 50 proper performance of any function in terms of this Act; or (c) upon an order of a competent court.