Intellectual property rights flowing from universities : an analysis of the impact of the current South African legal framework on international research collaboration

Brand, A. ; Dean, O. H. (2018)

CITATION: Brand, A. & Dean, O. H. 2018. Intellectual property rights flowing from universities : an analysis of the impact of the current South African legal framework on international research collaboration. Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2018(3):475-506.

The original publication is available at https://journals.co.za/content/journal/jlc_tsar

Article

Researchers employed by South African universities often collaborate with other international research institutions.1 Subject to the granting of sufficient funding, they do exciting and potentially ground-breaking research together in their interested fields of study. Once a funder accepts a proposed research project, each collaborator typically receives a percentage of the funding to participate in the project and perform a portion of the research. During the term of the project, the collaborators may possibly create new intellectual property, individually or jointly. However, before the project can commence and the funding can be distributed, the funder usually requires each of the collaborators to sign an agreement containing intellectual property rights clauses, addressing the ownership and, where applicable, the commercialisation of the intellectual property created by the collaborators. At the least, it will contain clear, defined rules providing for access to the intellectual property.

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