1. Introduction to Licensing The Licensing Executives Society of South Africa Welcome to the Licensing Executives Society South Africa

2. Introduction to Licensing The Licensing Executives Society of South Africa Licensing Executives Society The Licensing Executives Society of South Africa is the South African arm of an international association of professionals specializing in technology transfer and who are dedicated to the creation, promotion and implementation of business opportunities through equitable technology transfer internationally.

3. Introduction to Licensing The Licensing Executives Society of South Africa Licensing Executives Society The International Licensing Executives Society comprises of more than 30 national and regional societies and have in access of 12 000 members over the world.

4. Introduction to Licensing The Licensing Executives Society of South Africa LES (South Africa) continued Two main activities: – Teaching: Workshops Seminars Current-affairs meetings Knowledge repositories in the forms of web site, les Nouvelles, LESI database, etc – Networking: Local and international events LESI membership directory, etc.

5. Introduction to Licensing The Licensing Executives Society of South Africa LES (South Africa) continued Nature & Objectives: – Non-profit organisation. – Encourage high professional standards. – Assist members in improving their skills and knowledge. – Inform public, business and government about technology transfer, including licensing. – Publish latest, most accurate information on the subject of licensing.

6. Introduction to Licensing The Licensing Executives Society of South Africa So what is licensing? Licensing is an arrangement between parties in terms of which one party grants certain rights to its intellectual property to another party for consideration. Franchising is a special type of licensing.

7. Introduction to Licensing The Licensing Executives Society of South Africa Technology Innovation Agency Bill Introduction The submission is from an IP commercialisation perspective - LES SA welcomes and supports - the objectives of the Bill - the establishment of the TIA - LES SA proposes consideration of certain issues: - with implications to the commercialisation of IP - for purposes of clarification.

8. Introduction to Licensing The Licensing Executives Society of South Africa Technology Innovation Agency Bill Primary Issues to be Considered 1.The apparent conflict of interest: duality of the proposed enabling-and-competing nature of the powers, duties and functions of TIA

9. Introduction to Licensing The Licensing Executives Society of South Africa Technology Innovation Agency Bill Primary Issues - continued: 2. Scope of the innovations and inventions to be dealt with by the TIA: 2.1 General: technological nature only? intellectual property from publicly financed research? research and/or development?

10. Introduction to Licensing The Licensing Executives Society of South Africa Technology Innovation Agency Bill Primary Issues - continued: 2.2 Intellectual Property Rights From Publicly Funded Research Bill: TIA Bill and the IPRFPFR Bill National IP Management Office (‘NIPMO’) vs. TIA

11. Introduction to Licensing The Licensing Executives Society of South Africa Technology Innovation Agency Bill Primary Issues - continued: 3. Transition from the South African Inventions Development Corporation (“SAIDCOR”) to the TIA: potential transfer of assets (IP & IPR) deregistration of SAIDCOR in terms of Companies Act repeal Inventions Development Act (No. 31 of 1962)

12. Introduction to Licensing The Licensing Executives Society of South Africa Technology Innovation Agency Bill Primary Issues - continued: 4. Commercialisation of Inventions & Innovations: development of expertise to protect & commercialise IP caution against mere apportionment, transfer & decentralisation of R&D and IP between institutions due consideration of: R&D activities IP portfolios technical, legal & commercial expertise

13. Introduction to Licensing The Licensing Executives Society of South Africa Technology Innovation Agency Bill Certain Definitions: “functions” “innovation” “research” and/or “development”; “invention” Verb and/or noun usage of “innovation” and “invention” “intellectual property”

14. Introduction to Licensing The Licensing Executives Society of South Africa Technology Innovation Agency Bill Definitions - continued: “exploitation” “commercialisation” “technological” “incubation” “diffusion” “publicly funded research”

15. Introduction to Licensing The Licensing Executives Society of South Africa Technology Innovation Agency Bill Other Issues Assignment – Clause 4(3) and the Patents Act Board Members, Chairperson and the Chief Executive Officer Consecutive Terms

16. Introduction to Licensing The Licensing Executives Society of South Africa Technology Innovation Agency Bill Conclusion LES SA welcomes the broad the Bill and the establishment of the TIA LES SA proposes consideration of: Certain issues from an IP commercialisation perspective Certain definitions and ambiguities LES SA would gladly assist with: finalisation of the Bill establishment of TIA.

17. Introduction to Licensing The Licensing Executives Society of South Africa Want to know more about… Visit LES South Africa at www.licensing.co.za and visit LES International at www.lesi.org