Intelligence Services Act, 2002 (Act No. 65 of 2002)

Chapter III : General

38. Discoveries, inventions and improvements by members
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(1)The rights in respect of all discoveries and inventions and all improvements in respect of processes, apparatus and machinery made by a member resulting from research undertaken by such member in the course of his or her employment as a member vest in the Agency.

[Section 38(1) substituted by section 49(a) of Act No. 11 of 2013]

 

(2)The Minister may make the discoveries, inventions and improvements referred to in subsection (1) available for use in the public interest subject to such conditions and the payment of such fees or royalties as the Minister may determine.

 

(3)If the rights in respect of any discovery, invention or improvement vest in the Agency in terms of subsection (1), the Minister may award to the person responsible for the discovery, invention or improvement such bonus as he or she deems fit, or make provision for financial participation by such person in the profits derived from the discovery, invention or improvement to such extent as the Minister may determine with the concurrence of the Minister of Finance.

[Section 38(3) substituted by section 49(b) of Act No. 11 of 2013]

 

(4)The Minister may apply for a patent in the name of the Agency in respect of any discovery, invention or improvement referred to in subsection (1), and the Agency must for the purposes of the Patents Act, 1978 (Act No. 57 of 1978), be regarded as the assignee of the discoverer or inventor concerned.

[Section 38(4) substituted by section 49(b) of Act No. 11 of 2013]