BUSINESS & TECHNOLOGY CONTRACTING

This practice note summarises how “research and experimental development” (R&D) is understood for purposes of South Africa’s Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (the IPR Act). It explains the role of the OECD Frascati Manual definition as reflected in National Intellectual Property Management Office (NIPMO) guidance, and highlights practical implications for classifying activities, drafting research agreements, and managing intellectual property (IP) arising from publicly financed R&D.

This practice note outlines practical issues and negotiating positions when agreeing publication protocols with South African universities, including review periods, confidentiality safeguards, IP protection, student theses, and open access/data-sharing obligations.

This practice note examines the legal and commercial issues that arise when foreground intellectual property created under an R&D contract is jointly owned. It focuses on jurisdictional and IP-type differences, licensing and enforcement challenges, operational considerations, and the drafting approaches parties can use to manage those risks.

This practice note explores the critical distinctions between disclosed and derived confidential information in university–industry collaborations, particularly in the context of student dissertations and publications. It provides practical frameworks and safeguards to help balance academic freedom with industry confidentiality.

This practice note summarises the main intellectual property (IP) management pathways for IP arising from publicly financed research and development under South Africa’s Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act 51 of 2008) (the IPR Act). It is intended for research managers, Technology Transfer Offices (TTOs), researchers, and contracting partners, and highlights typical ownership, licensing, assignment and benefit-sharing options, together with practical selection considerations and the role of the National Intellectual Property Management Office (NIPMO).

This practice note provides guidance on choosing between exclusive and non-exclusive licensing models for intellectual property, with a focus on strategic decision-making in research and technology-driven institutions. It outlines the key factors, risks, and regulatory considerations that influence licensing strategies to maximize both commercial value and public benefit.

This practice note provides a high-level comparison between Service Agreements and R&D Agreements, focusing on their distinct characteristics and implications in business contexts. It aims to clarify the scope of these agreements by highlighting key differences in quality standards, deliverables, risk management, and contractual consequences, while recognising that the precise position will depend on the terms of the agreement and the applicable legal framework.

This practice note explains why R&D pooling remains strategically important in modern industries. It outlines the core benefits of collaborative innovation, highlights governance and competition risks, and uses both historical and contemporary examples to show how pooling can improve resilience, accelerate development, and support innovation in high-cost, high-complexity sectors.

This practice note outlines key best practices for managing research collaboration requests between industry and academic institutions, focusing on governance, intellectual property, compliance, and strategic alignment. It provides a structured framework and practical tools to help industry partners engage effectively while protecting their business interests.

This practice note explores the key models of exclusivity arrangements between universities and industry partners, focusing on how these agreements balance research freedom with commercial exclusivity. It outlines common types of exclusivity clauses and the negotiation dynamics that shape these collaborations.

This practice note provides an overview of South Africa’s Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008 (IPR Act) and the supporting regulations administered by the National Intellectual Property Management Office (NIPMO). It highlights core ownership and disclosure principles for publicly financed R&D, key commercialisation controls (including when NIPMO approval is required for certain transactions), and how the framework aligns with international IP conventions such as TRIPS and the Berne Convention.

This practice note focuses on how South Africa can improve the transfer of publicly financed research into practical, commercial, and public-interest outcomes. It compares international technology transfer models with South Africa’s IPR-PFRD framework and identifies institutional steps needed to strengthen implementation, researcher incentives, public-interest safeguards, and innovation impact.

This practice note outlines the scope of Material Transfer Agreements (MTAs) as foundational tools that facilitate initial exchanges of research materials between universities and industry, setting the stage for broader collaborative partnerships. It highlights how MTAs serve not only as legal instruments but also as strategic gateways to deeper research engagements.

This practice note outlines the key legal and regulatory frameworks governing collaborations between universities and multinational firms, focusing on cross-border technology transfer and joint research. It aims to provide a concise overview of the scope of partnership models and compliance considerations.

This practice note provides practical guidance on benefit-sharing mechanisms for inventors (also referred to in legislation as “intellectual property creators”) in the South African research and innovation environment. It explains the legal baseline for benefit-sharing where intellectual property arises from publicly financed research and development, highlights the role of institutional intellectual property (IP) policies and technology transfer offices, and sets out good-practice approaches to calculating, reporting, and distributing commercialisation income.

This practice note outlines the key inventorship, ownership, and collaboration risks that can arise when provisional patent applications are filed in the context of university–industry collaborations. It focuses on how early filing decisions, contribution tracking, contractual allocation of rights, and cross-border considerations may affect later patent prosecution, commercialization strategy, and dispute exposure.

This practice note explores the legal and strategic considerations involved in forming and managing R&D patent pools. It highlights the balance between fostering innovation through collaboration and navigating complex intellectual property and antitrust laws.

This practice note outlines the scope of R&D pooling as a collaborative approach to accelerate sustainable innovation by sharing resources, knowledge, and risks among diverse stakeholders. It highlights the role of collective efforts in addressing global sustainability challenges through joint research and development initiatives.

This practice note outlines the scope of fixed and indexed cost-sharing models used in research consortia to balance budget certainty and cost alignment among industry sponsors and research institutions. It provides a comparative overview and practical drafting considerations to guide sustainable and fair consortium agreements.

This practice note outlines the scope of government incentives designed to foster collaboration between universities and industry, focusing on funding, policy tools, and partnership dynamics. It highlights how these incentives catalyze innovation while addressing potential risks and practical considerations.

This practice note explores the scope of R&D pooling, focusing on how collaboration among competitors reshapes market dynamics by sharing resources, risks, and innovation outcomes. It highlights the economic rationale, market impacts, and risks versus benefits of such cooperative strategies.

This practice note explores the complex landscape of intellectual property (IP) negotiation within South African research collaborations, focusing on situations where the research is primarily performed by an employee of the industry partner who is also enrolled as a postgraduate student at a university. The research involves the use of industry partner background information, creating unique challenges for IP ownership and licensing under the South African IPR Act.

This practice note focuses on the strategic use of provisional patent applications to secure early protection and support innovation-driven business development. It highlights key benefits, common risks, and practical guidance to optimize provisional filings for startups and technology transfer offices.