South Africa

Human Sciences Research Council Act 2008 (Act No. 17 of 2008)

Year of Version:2008
Date of Text (Enacted):September 23, 2008
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Copyright and Related Rights (Neighboring Rights), Industrial Designs, Patents (Inventions), Traditional Knowledge (TK)
The Human Sciences Research Council Act 2008 provides for the promotion of research in the field of human sciences and for the continued existence of the Human Sciences Research Council.

Section 14 sets out rules governing relations between the Human Sciences Research Council ('the Council') and its employees in the field of intellectual property rights.
It provides that intellectual property rights for any invention or design or works made by the employees in the scope of their employment belong to the Council while the employees have right to compensation for their contribution.
In particular, Section 14(3) requires that in matters concerning indigenous knowledge, the Council must ensure that transfer agreements of written information and material are made prior to research. It protects any work, invention, discovery or improvement derived from indigenous knowledge held by any person or community and requires that these persons and or community benefit from such protection.
Available Texts: 

Human Sciences Research Council Act 2008 (Act No. 17 of 2008) Human Sciences Research Council Act 2008 (Act No. 17 of 2008), Complete document (pdf) [248 KB]

Related Legislation:
WIPO Lex No.:ZA104


South Africa