The innovation landscape of South Africa under new intellectual property management policy

Abstract

The new intellectual property (IP) policy currently under development by the Department of Trade and Industry will likely define the future innovation landscape in South Africa. This is in line with the direction the country has taken i.e. transforming its economy from resource-dependent to knowledge-based. Accompanied by this strategy is the increased economic value of intellectual property. Through the Intellectual Property Rights from Publicly Financed Research and Development Act (Act No. 51 of 2008), South Africa has forever transformed the innovation landscape by ushering in clear guidelines for the use and management of IP which emanate from government-funded research. While this step was applauded, the approach to organise and manage all aspects of IP seemed to be coordinated without the required due diligence. This led to the decision made by the Department of Trade and Industry to develop an Intellectual Property Rights (IPR) policy. The IPR policy seeks to align the IP environment with the development imperatives of the country. This paper analyses the likely impacts of the policy in South Africa, and attempts to assess its potential unintended effects. The paper also discusses the likelihood of increased awareness of the importance of IP altering academic excellence in South Africa.