Effects of the South African IP Regime on Generating Value from Publicly Funded Research: An Exploratory Study of Two Universities

This study analyses evidence from two South African universities of how innovation activity and research dissemination are being influenced by a new intellectual property (IP) commercialisation law for publicly funded research outputs. The study sought to understand the ways in which the Intellectual Property Rights from Publicly Financed Research and Development (IPR-PFRD) Act of 2008 and its Regulations influence the generation of value from research. The study was positioned within a theoretical frame which holds that maximalist approaches to IP protection tend to be sub-optimal for certain long-term socio-economic objectives inherent in research funding. The research found evidence of adaptation by both of the universities studied (UCT and Wits University) to the requirements of the Act, and evidence that the Act can have a positive influence on South Africa’s innovation nexus provided that the Act’s patenting orientation continues to be complemented by openness-oriented research dissemination and collaboration practices, including open access (OA) scholarly publishing