Intellectual Property from Publicly Financed Research and Intellectual Property Registration by Universities: A Case Study of a University in South Africa

Abstract

With the implementation of the Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008 (IP Act) (Republic of South Africa, 2008), the current management of intellectual property (IP) at universities in South Africa, has new dimensions. In granting universities the right to register IP from publicly funded research, there is the expectation that the development and commercialization of technology within South Africa will benefit the country and its citizens. However, not all stakeholders see the provisions of the Act as favourable. The study explores, through a case study of the Durban University of Technology (DUT), the reasons for low IP registration by universities, bearing in mind the provisions of the IP Act. This study adopted both qualitative and quantitative methodologies through questionnaires distributed to full-time academic staff in selected departments. The findings of the study will contribute to efforts to increase IP registration at the institution, in particular, and universities in general. Contributory factors to the low IP registration include the lack of awareness and understanding of the ownership provisions of the IP Act.