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Guideline 6.1 of 2019: Intellectual Property Enforcement Fund

Guideline 6.1 of 2019 titled “Intellectual Property Enforcement Fund” provides for a model to mitigate or resolve an infringement of one’s intellectual property (IP) rights by an unauthorised third party. More specifically, this Guideline provides for aframework for support to institutions (namely higher education institutions and schedule 1 institutions in terms of the IPR Act) to insure their IP portfolio or aspects of their IP portfolio such that litigation funding is available in the event of an infringement by a third party.

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Practice Note 2

The Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act No. 51 of 2008) (IPR Act) came into effect on 2 August 2010. The object of the IPR Act is to make provision that intellectual property (IP) emanating from publicly financed research and development (R&D) is identified, protected, utilised and commercialised for the benefit of the people of the Republic, whether it be for a social, economic, military or any other benefit.

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