Draft responses to the Technology Innovation Agency (TIA) stakeholder
comments emerging from the written submissions and Public Hearings on: 15, 16
and 29 January 2008:
Proposed amendments to the TIA Bill (hard copy to be handed to members of
the Portfolio Committee):
Note: Wording in BOLD and SQUARE BRACKETS indicates proposed
deletions from text.
Wording in BOLD and UNDERLINED indicates proposed insertions of
new text.
Section 1: Definitions
It is proposed that the following definitions be inserted:
"technological innovation" - means the application in practice
of creative new ideas, which includes inventions, discoveries and the processes
by which new products and services enter the market and the creation of new
businesses.
"intellectual property" - means an invention, including any
patent applications and registered patents (as defined in the Patents Act, Act
57 of 1978), or any copyright works (as defined in the Copyright Act, Act 98 of
1978, as amended), plant breeders rights and/or designs (as defined in the
Designs Act, Act 195 of 1993, as amended), or trademarks (as defined in the
Trademarks Act, Act 194 of 1993, as amended), in as far as they are associated
with such an invention.
"person" - means a natural person, juristic person, consortium
or enterprise and "entity" shall have a corresponding meaning.
"Regulations" - means the Regulations issued in terms of
section 16 of this Act.
"Prescribed" - means prescribed by Regulations issued in terms
of this Act.
Section 3: Object of the Agency
It is proposed that this section be amended as follows
The object of the Agency is to support the State in stimulating and
intensifying technological innovation [and invention] in order to
improve economic growth and the quality of life of all South Africans by
developing and exploiting technological innovations [and
inventions].
Section 4: Powers and Duties of Agency
4. (1) The Agency may
(a) on such conditions as the Board may determine
(i) provide financial and any other assistance to any person, [consortium or
enterprise] for the purpose of enabling that person, [consortium or
enterprise] to develop any technological innovation [or invention];
(ii) establish a company contemplated in the Companies Act, 1973 (Act No. 61 of
1973), or in collaboration with any person, establish such a company for the
purpose of developing or exploiting any technological innovation [or
invention, and to that end acquire such interest in and such control over such
company as it may be necessary];
(iii) acquire an[y] interest in any entity [consortium or enterprise]
undertaking the development or exploitation of any technological innovation supported
by the Agency [or invention];
(iv) draw together and integrate the management of different technological
innovations, [invention], incubation and diffusion
initiatives in South Africa;
(v) develop the national capacity and infrastructure to protect and exploit
intellectual property supported by the Agency [derived from publicly
financed research]; [and]
vi) acquire rights in or to any technological innovation supported by the
Agency, from any person, or assign any person, any right in or to any such
technological innovation:
[(vi) finance and provide direction-setting capabilities;]
(b) apply for patents or the revocation thereof[, oppose the grant of patents]
and institute any legal action in respect of any infringement of intellectual
property rights [patents];
[(c) acquire, any right in or to any or to any technological innovation, invention
or patent from any person, consortium or enterprise, or assign any person,
consortium or enterprise any right in or to any technological innovation or
invention or patent;]
(d) purchase or hire land or buildings or erect buildings and alienate such
land or terminate or assign any such hire and, in the case of buildings in
which the business of the Agency is being conducted, let such portions as are
for the time being not required for the business of the Agency;
(e) establish such offices, including regional offices, as the Board in consultation
with the Minister may determine;
(f) purchase, take on lease, hire out or alienate any movable property;
(g) take such security as it may deem fit, including special mortgage bonds
over immovable property, notarial bonds over movable property, pledges of
movable property, cessions of rights and in general any other form of cover or
security; and
(h) generally deal with any matter necessary or incidental to the performance
of its functions in terms of this Act.
(2) Where the Agency enters into [any] a transaction with
a person, contemplated in subsections (1 )(a)(ii) and (iii). [with any
person, consortium, enterprise or company in terms of subsection (1)
(a)(i),(ii) and (iii)], the Agency [must] may, [with the
concurrence of] after consultation with the Minister, elect
to be [ensure that the Agency is] represented in the Board of such
person[, consortium, enterprise or company] .
(3) Where a right in or to any technological innovation [or invention]
has, in terms of subsection (1)(c), been acquired by the Agency or assigned by
the Agency to any person, [consortium or enterprise], the Agency or such
person, [consortium or enterprise], as the case may be, must for the
purposes of the Patents Act [,1978 (Act No. 57 of 1978)], be regarded as
the assignee of the discoverer or inventor of such technological innovation [or
invention].
Section 5: Board of Agency
It is proposed that a new subsection 5(3) be inserted as follows:
3 The Board must re are an Investment Framework Policy as prescribed. and
review such policy on an annual basis.
It is further proposed that the new subsection 5(5) be amended as follows:
(5) The members of the Board contemplated in subsection (1 ) (a) and (b) are
appointed by the Minister, in consultation with the National Assembly,
on the grounds of their knowledge and experience in technological
innovation, technology management, intellectual property and commercialisation
thereof and business skills which, when considered collectively, should enable
them to attain the objects of the Agency.
Section 17 & 18: Repeal of Law and Transitional Arrangements
Pending confirmation by the Office of the Chief State Law Adviser, the
responsibility for the CSIR was assigned to the Minister of Science and
Technology, implying that its subsidiary, SAIDCOR, falls within the purview of
the Minister of Science and Technology
- Ends