INTELLECTUAL PROPERTY POLICY

(DRAFT FOR DISCUSSION PURPOSES)

TABLE OF CONTENTS

1. 2. 3. 4.

TITLE BACKGROUND SUMMARY OF THE POLICY IP STRATEGY ALIGNMENT

4.1. 4.2. Alignment of IP Strategy with UNISA Objectives Alignment of IP Strategy with Applicable Legislation, Government Initiatives and Policies

1 1 1 1
1 2

5.

OBJECTIVES OF THE POLICY

5.1. The objectives of UNISA in establishing this Policy are the following:

2
2

6.

SCOPE OF THE POLICY

6.1. 6.2. 6.3. Persons Affected Activities and Property Impacted by Policy Declaration

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3 4 4

7.

DEFINITIONS OF WORDS AND EXPRESSIONS USED IN THE POLICY

7.1. 7.2. 7.3. Usual Meaning Other UNISA Documents Specific Definitions

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5 5 5

8.

CREATION AND OWNERSHIP OF INTELLECTUAL PROPERTY

8.1. 8.2. 8.3. 8.4. UNISA Employees, Students and Researchers Collaborators Contract Research Exceptions

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10 11 11 12

9.

IP MANAGEMENT
9.1. 9.2. Corporate Structures Functions of the Technology Transfer Office and IP Steering Committee

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12 13

10. USE OF INTELLECTUAL PROPERTY

10.1. 10.2. 10.3. Use of Intellectual Property by Employees, Students and Researchers Respect for Intellectual Property Termination of Engagement and Surrender of UNISA Intellectual Property

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19 21 22

11. PROTECTING CONFIDENTIAL INFORMATION / KNOW-HOW

11.1. 11.2. 11.3. 11.4. 11.5. 11.6. 11.7. 11.8. 11.9. 11.10. Publication Duty to take Special Care Sources of Additional Information Labelling of Information Third Parties and the Need To Know Non-Disclosure Agreements Disclosing Information Belonging to Third Parties Third-Party Requests for UNISA Information Recovery or Destruction Reporting Improper Disclosures

12. SERVICE PROVIDERS AND CONSULTANTS

12.1. 12.2. 12.3. 12.4. 12.5. 12.6. Ownership Moral Rights Undertaking to Sign All Documents Authorised Use Consequences of Termination Licences

13. RESERVED RIGHTS

13.1. Privileges and Entitlements

14. COMMERCIALISATION OF UNISAS INTELLECTUAL PROPERTY

14.1. 14.2. 14.3. 14.4. 14.5. 14.6. Commercialisation Strategy Financial Returns from Commercialisation Commercialisation Preferences Decision Making Involvement in Technology Transfer Involvement in Spin-Off, Subsidiary or Emerging Company

15. BENEFIT SHARING

15.1. 15.2. 15.3. Beneficiaries Income Allocation Formula of Income Allocation

16. INFRINGEMENT OF UNISAS INTELLECTUAL PROPERTY

16.1. 16.2. Responsibility of Employees, Students and Researchers Steps to be Taken

17. SANCTIONS FOR VIOLATING THE POLICY

17.1. Employees, Students and Researchers

18. REQUESTS FOR EXCEPTIONS FROM POLICY

19. MONITORING AND ADMINISTRATION OF THE POLICY

19.1. 19.2. 19.3. Accountability Questions comments and suggestions Interpretation and Disputes

20. GENERAL PROVISIONS OF THE POLICY

20.1. 20.2. 20.3. 20.4. Amendment or Cancellation of the Policy Number and Gender Other Applicable Policies Other Applicable Laws

21. EFFECTIVE DATE OF THE POLICY 22. TERM OF THE POLICY

11. TITLE The full title of this Policy shall be "UNISA INTELLECTUAL PROPERTY POLICY" (hereinafter referred to as the Policy).

12. BACKGROUND UNISA acknowledges the need to stimulate innovation and harness the outcomes of original research and other intellectual activities undertaken by Employees, Students and Researchers of UNISA, as well as Collaborators of, and Service Providers to, UNISA. In terms of the Intellectual Property Rights from Publicly Funded Research and Development Act 51 of 2008 (the Act), UNISA will retain ownership of all IP generated through publicly financed research and development, and is obliged to manage and commercialise its IP in accordance with sound business principles, to maximise its value and benefit in the best possible interest of the nation. In pursuit of these objectives, UNISA hereby adopts the following policy on all matters relating to the management of Intellectual Property.

13. SUMMARY OF THE POLICY This Policy regulates the creation, exploitation, use, protection, commercialisation and management of Intellectual Property belonging to UNISA.

14. IP STRATEGY ALIGNMENT 14.1. Alignment of IP Strategy with UNISA Objectives

The Policy is underpinned by a proper alignment between the holistic UNISA IP Strategy and the UNISA core objectives. When IP issues come to the fore, cognisance shall be taken of the relative importance and value of the particular IP measured against the backdrop of UNISAs academic environment and public objectives. 14.2. Alignment of IP Strategy with Applicable Legislation, Government Initiatives and Policies The holistic intellectual property strategy summarized in the Policy shall not be in conflict with government initiatives, legislation or policies dealing with the same subject matter. The Policy shall be reviewed from time to time to ensure that it remains in harmony with applicable legislation, as well as government initiatives, frameworks and policies.

15. OBJECTIVES OF THE POLICY 15.1. The objectives of UNISA in establishing this Policy are the following: 15.1.1. to lay down a regulatory framework regarding the creation, use, protection, commercialisation and management of UNISAs Intellectual Property; 15.1.2. to ensure that individual and group behaviour is consistent with UNISAs expectations and with the requirements of any applicable legislation and regulations; 15.1.3. to promote awareness of Intellectual Property and commercialisation of Intellectual Property, so that research outcomes are harnessed in a manner consistent with its mission to be an innovation forerunner; 15.1.4. to provide, encourage and maintain within UNISA an environment

which demonstrates respect for the Intellectual Property rights of UNISA and of third parties; 15.1.5. to encourage positive participation by those affected by this Policy during the planning, design and execution of UNISAs operating procedures; and 15.1.6. to provide those who are affected by this Policy with the means and tools to fulfil their obligaitons, to perform their activities and to assume their responsibilities in a fully effective manner.

16. SCOPE OF THE POLICY 16.1. Persons Affected This Policy shall apply to: 16.1.1. any Employee of UNISA, including: 16.1.1.1. any Employee working (on the premises of a client of UNISA or) at any location other than where UNISA carries on its primary operations; 16.1.1.2. any Employee who creates or uses UNISAs Intellectual Property in the course of a contract, an exchange of services, a mandate, a training period, a cooperative undertaking or otherwise. 16.1.2. any Student or Researcher, such as an under-grad student, graduate student, post-doctoral fellow, visiting scientist or other person participating in research sponsored or hosted by UNISA, or making significant use of the UNISA Equipment, facilities, funds, or other resources.

16.1.3. any Service Provider and/or Consultant that creates Intellectual Property in the course of rendering services to UNISA; and; 16.1.4. any Employee, Student, Researcher, Service Provider or Consultant that deals in any way with UNISAs Intellectual Property. 16.2. Activities and Property Impacted by Policy This Policy shall also apply to: 16.2.1. the colleges, schools, departments, administrative units and campuses of UNISA; 16.2.2. All services rendered to UNISA by its various Service Providers and Consultants; 16.2.3. The operations and activities of Service Providers/Consultants that develop Intellectual Property in the course of rendering services to UNISA; 16.2.4. the systems, equipment and resources of UNISA. 16.3. Declaration 16.3.1. On taking up employment with UNISA, Employees will acknowledge that they have read and are aware of the terms of this Policy and agree to be bound by the terms and conditions of this Policy. 16.3.2. On engaging with UNISA, all Service Providers, Contractors and will acknowledge that they have read and are aware of the terms of this Policy and agree to be bound by the terms and conditions of this Policy. 16.3.3. On enrolling with UNISA, all Students will acknowledge that they have read and are aware of the terms of this Policy and agree to be bound by the terms and conditions of this Policy.

16.3.4. On commencing research involving UNISA in any way, all Researchers will acknowledge that they have read and are aware of the terms of this Policy and agree to be bound by the terms and conditions of this Policy.

17. DEFINITIONS OF WORDS AND EXPRESSIONS USED IN THE POLICY 17.1. Usual Meaning Words and expressions used in this Policy shall generally keep their usual dictionary definition. 17.2. Other UNISA Documents Any words and expressions used in this Policy, which are defined in other UNISA documents (e.g.: other policies, vocabulary, guidelines, standards, methods, etc.), shall be ascribed the definitions set out therein. 17.3. Specific Definitions For purposes of this Policy and unless the context obviously indicates another meaning, the following words and expressions shall have the following meaning: 17.3.1. Act shall mean the Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008 and the associated regulations; 17.3.2. Collaborator" shall mean a person or organisation engaged to undertake work for or with UNISA under a joint research or collaboration agreement; 17.3.3. "Confidential information" shall mean shall mean all tangible and intangible information, in any format or material embodiment

and whether proprietary or not, which UNISA has an interest in keeping confidential and which by its nature is or ought to be reasonably identifiable as confidential, whether in writing or in electronic form or pursuant to discussions between UNISA and a third party, or which may be obtained by examination, testing, visual inspection or analysis, and which includes, without limitation: 17.3.3.1. Scientific, business or financial information, including UNISAs Intellectual Property and all information embodied in reports, outcomes or findings of studies, assessments, evaluations or analyses; and 17.3.3.2. third party information, including information received in confidence from a third party, such as information disclosed by a collaborative partner of UNISA or by a Service Provider; 17.3.4. "Consultant" shall mean any natural person that provides services of any nature to UNISA under a consultation agreement; 17.3.5. "Copyright" shall mean the right to prevent third parties from reproducing and/or adapting any Copyrighted Work; 17.3.6. Copyrighted Work shall mean a work eligible for copyright, as defined in section 2 of the Copyright Act 98 of 1978, including but not limited to, literary and artistic works, computer programmes, compilations, sound recordings, broadcasts and program carrying signals; 17.3.7. "Design" shall mean the monopoly right granted for the protection of an independently created design that is new and original and such protection shall extend to designs dictated essentially by aesthetic or functional considerations as well as topographies

of integrated circuits and integrated circuits, and the owner of a protected design shall have the right to prevent third parties not having the owners consent from making, selling, using or importing articles bearing or embodying the design which is a copy, or substantially a copy, of the protected design; 17.3.8. "Employee" shall mean any person employed by UNISA, whatever his/her position in the organisation (director, manager,

professor or otherwise), and will include persons employed on a permanent, fixed-term or part-time basis; 17.3.9. "Equipment" shall mean any amenities, office equipment, laboratory apparatus, facilities or machinery including, without limitation, such equipment as: 17.3.9.1. computers (including laptops); 17.3.9.2. telephones (including cellular telephones); 17.3.9.3. Personal Digital Assistants (PDAs); and 17.3.9.4. Photocopiers. 17.3.10. Full Costs shall mean the full costs of research and development as defined in the Act; 17.3.11. "Intellectual Property" shall mean the result of UNISAs creative endeavour that is recognised and protected by law including Patents, Designs and KnowHow, but excluding Copyright and Trade Marks; 17.3.12. IP Steering Committee shall mean a committee established under section 9.1 of the Policy; 17.3.13. "Know-how" shall mean all Confidential Information of whatever

nature relating to UNISA and its business and/or to the Patents, Designs, Trade Marks or Copyrighted Works or their exploitation; 17.3.14. Line Manager" shall mean managers identified by the Technology Transfer Office as such for the purpose of the implementation of this Policy; 17.3.15. NIPMO shall mean the National Intellectual Property

Management Office established in terms of the Act; 17.3.16. "Patent" shall mean a right granted for any inventions, products or processes in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial applications to an inventor, for a limited period to exclude others from making, using, importing, disposing of or offering to dispose of the invention without the permission of the inventor and where the subject matter of a patent is a process, to prevent third parties not having the owners consent from the act of using the process, and from the acts of using, offering to dispose of, disposing of or importing for these purposes at least the produce obtained directly from the process; 17.3.17. Policy shall mean the policy set out in this document; 17.3.18. UNISA" shall mean the University of South Africa, a juristic person established under the Higher Education Act 107 of 1997 (as amended) having its primary premises as Preller Street, Muckleneuk, Pretoria; 17.3.19. Research Entity shall mean one of the following recognised entities: 17.3.19.1. School of Graduate Studies; 17.3.19.2. College of Agriculture and Environmental Sciences;

17.3.19.3. College of Economic and Management Sciences; 17.3.19.4. College of Human Sciences; 17.3.19.5. College of Law; 17.3.19.6. College of Science, Engineering and Technology; 17.3.19.7. Inter-College Board; 17.3.19.8. Professional and Administrative Research Committee (PARC), comprising professional and administrative employees research; 17.3.19.9. Graduate School for Business Leadership; and 17.3.19.10. Any other entity recognised by UNISA as a research entity; 17.3.20. Researcher shall mean any post-doctoral fellow, visiting scientist or other individuals participating in research sponsored or hosted by UNISA, or making significant use of the UNISA Equipment, facilities, funds, or other resources; 17.3.21. "Service Provider" shall mean any third party (other than a Consultant) that renders any services to UNISA pursuant to any type of service provider agreement with UNISA; 17.3.22. Student shall mean any person enrolled to study towards a qualification with UNISA; 17.3.23. Technology Transfer Office shall mean an office established under section 9.1 of the Policy; 17.3.24. Trade Mark" shall mean any sign, or combination of signs capable who have been designated to do

of distinguishing the goods or services of one undertaking from those of another undertaking; 17.3.25. Vice Principal means UNISAs Vice Principal: Research and Innovation.

18. CREATION AND OWNERSHIP OF INTELLECTUAL PROPERTY 18.1. UNISA Employees, Students and Researchers 18.1.1. All Intellectual Property created, designed, made, prepared, established, modified, converted, expanded, developed,

improved, perfected or translated by: 18.1.1.1. an Employee, during the course and scope of his/her employment with UNISA; 18.1.1.2. a Student, during the course of study towards a qualification with UNISA; and 18.1.1.3. a Researcher, during the course and scope of research sponsored or hosted by UNISA, whether or not on UNISAs premises, whether or not during

regular working hours, alone or with the cooperation of one or more other people, shall belong to UNISA. 18.1.2. Subject to any decision to the contrary taken by the IP Steering Committee, Employees, Students and Researchers shall retain moral rights in their work. In all cases, Employees, Students and Researchers must obtain consent from the Technology Transfer Office before publishing their work as described more fully in section 11 hereto.

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18.2. Collaborators 18.2.1. Collaboration refers to a situation where a Collaborator for the one part, and an Employee, Student or Researcher for the other part, jointly contribute intellectually to the creation of the Intellectual Property. Unless NIPMO has approved contractual provisions to the contrary, UNISA shall ensure that the ownership of the Intellectual Property in the resultant outputs that is co-created, vests in UNISA. 18.2.2. All agreements for the engagement of Collaborators shall incorporate Intellectual Property provisions setting out the ownership of Intellectual Property. Such agreements shall not deal only with ownership of the Intellectual Property in the resultant research outputs, but shall also address ownership and license of any pre-existing Intellectual Property - also known as 'background' Intellectual Property. Employees, Students or Researchers requiring such a contract shall inform their Line Managers who shall be responsible for securing the appropriate contracts from the Technology Transfer Office. 18.3. Contract Research Contract research refers to the situation where UNISA undertakes research for and on behalf of a third party, usually in exchange for some form of consideration. 18.3.1. Not Full Costs Where the Full Costs of the research are not paid by the third party contracting UNISA to conduct research, the Intellectual Property created in the course and scope of carrying out the research is governed by the Act and UNISA shall be the owner of all Intellectual Property resulting from such an engagement.

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18.3.2. Full Costs Where the Full Costs of the research are paid by the third party contracting UNISA to conduct the research, the Intellectual Property created in the course and scope of carrying out the research will not be governed by the Act and the parties are free to decide who shall be the owner of the Intellectual Property. In this case, UNISA shall endeavour, but shall not be obliged, to ensure that ownership of all Intellectual Property resulting from such an engagement, vests in UNISA. 18.3.3. It is therefore important that Line Managers seek advice from Technology Transfer Office on the appropriate agreements to be concluded prior to undertaking contract research in order to ensure that UNISAs rights in the resultant Intellectual Property are protected as well as to ensure that UNISAs obligations to the third party with which it contracts, are honoured. 18.4. Exceptions Any request for exceptions or deviations to the above provisions relating to ownership of Intellectual Property must be approved in writing by the IP Steering Committee.

19. IP MANAGEMENT 19.1. Corporate Structures 19.1.1. UNISA shall establish a Technology Transfer Office and an IP Steering Committee, whose roles shall be to consider, advise and decide on all matters relating to the appropriate protection, use and commercialisation of UNISAs Intellectual Property as set out in more detail in section 9.2 hereunder.

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19.1.2. The Technology Transfer Office shall be an office within the department of the Vice Principal and shall be staffed with appropriately qualified personnel whom, when considered collectively, have interdisciplinary knowledge, qualifications

and expertise in the identification, protection, management and commercialisation of Intellectual Property and in Intellectual Property transactions. 19.1.3. IP Steering Committee shall be constituted by: 19.1.3.1. the Vice Principal (Chairperson); 19.1.3.2. at least one member of the Senate Research Committee; and 19.1.3.3. at least one member of the Senate Higher Degrees Committee; and shall have the right to co-opt such additional members as can assist it in the discharge of its responsibilities. The IP Steering Committee will report to the Vice Chancellor and Principal. 19.2. Functions of the Technology Transfer Office and IP Steering Committee 19.2.1. The Technology Transfer Office will, in relation to the creation and protection of IP: 19.2.1.1. Receive invention disclosure forms from Line Managers; 19.2.1.2. evaluate appropriate creations as regards to their practical and commercial value; 19.2.1.3. conduct novelty searches to determine if any aspect of Intellectual Property is in fact new and possibly

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patentable; 19.2.1.4. provide advice regarding the feasibility, operational processes and marketability of an invention or design; 19.2.1.5. advise as to the protection and exploitation of an appropriate creation; 19.2.1.6. assist Employees, Students an Researchers with formal agreements, including those relating to confidentiality and any arrangements with third parties; 19.2.1.7. obtain advice and make recommendations on the patentability of inventions generated from UNISA activities; 19.2.1.8. regulate the publication of IP in order to protect the novelty of patentable inventions; 19.2.1.9. be responsible for developing guidelines for the labelling of Confidential Information; and 19.2.1.10. procure appropriate specialised intellectual property legal advice, where required 19.2.2. The IP Steering Committee shall, in relation to the creation and protection of IP: 19.2.2.1. decide on the budget to be allocated for Intellectual Property activities, such as Patent and Design prosecution costs, renewal fees as well as the costs of dealing with the enforcement of UNISAs Intellectual Property; 19.2.2.2. decide on any other matter referred to it by the

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Technology Transfer Office for decision; and 19.2.2.3. provide the Vice Principal with an annual summary report on the IP generated by UNISA. 19.2.3. The Technology Transfer Office will, in relation to the management and implementation of the Policy: 19.2.3.1. Propose draft amendments to this Policy and IP Management Manual as often as is necessary in order to ensure that the guidelines are relevant and reflect current best practice; 19.2.3.2. educate Employees, Students and Researchers on the importance of IP within UNISA and the principles of the IP Policy and the procedures set out in the IP Management Manual; 19.2.3.3. oversee the manage the practical implementation of the Policy and IP Management Manual; 19.2.3.4. identify IP Managers for the purpose of implementing the Policy and notify all Employees, Students and Researchers of the identity of their IP Manager; 19.2.3.5. advise the IP Steering Committee of any recommended variations to the Policy and Management Manual; 19.2.3.6. provide advice and support to all staff insofar as interpretation and implementation of the Policy and IP Management Manual are concerned. 19.2.4. The IP Steering Committee will, in relation to the management and implementation of the Policy:

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19.2.4.1.

approve

an

IP

management

manual

(the

IP

Management Manual) prescribing guidelines and procedures on how UNISA, on a practical level, is to implement the principles set out in the Policy; 19.2.4.2. at least annually, review this Policy in light of any interpretation problems and in light of any technological or legislative changes that may have occurred; 19.2.4.3. approve/reject any proposed amendments to the Policy and Management Manual that may be proposed by the Technology Transfer Office; 19.2.4.4. submit to the Vice Principal a detailed list of the amendments approved to this Policy, as well as the justification for each such change. 19.2.4.5. consider any request for exceptions or deviations to the provisions of this Policy relating to ownership of Intellectual Property and approve/reject such requests; 19.2.4.6. act as a panel for the resolution of disputes arising from the interpretation of the Policy; 19.2.4.7. advise the Vice Principal on all matters relating to IP management and administration. 19.2.5. The Technology Transfer Office will, in relation to the use and commercialisation of IP: 19.2.5.1. identify, manage and mitigate risks associated with the use and commercialisation of UNISAs IP;

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19.2.5.2. assess the viability of the commercialisation of UNISAs IP; 19.2.5.3. identify and address any potential conflict of interest that may arise with respect to the commercialisation of UNISAs IP; 19.2.5.4. direct and control the negotiation and execution of agreements with third parties pertaining to the

commercialisation of UNISAs IP; 19.2.5.5. refer to the IP Steering Committee for decision, any contemplated assignment of UNISAs IP; 19.2.5.6. develop licensing and royalty models for UNISA; and 19.2.5.7. conduct freedom-to-operate searches to determine if any technology utilised by UNISA will infringe the intellectual property rights of a third party; 19.2.5.8. manage the sharing of benefits with Employees, Students and Researchers that are inventors; 19.2.5.9. make recommendations to the IP Steering Committee regarding the level of access that Employees, Students and Researchers shall have to various categories of Confidential Information, taking into account the sensitivity of the Confidential Information and the access required to achieve holistic UNISAs objectives; and 19.2.5.10. monitor the use of IP outside of UNISA, follow market trends and identify opportunities for commercialisation of UNISA IP.

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19.2.6. The IP Steering Committee will, in relation to the use and commercialisation of IP: 19.2.6.1. reject/approve a request for proposed assignment of IP to a third party; 19.2.6.2. decide on the level of access that Employees, Students and Researchers shall have to various categories of Confidential Information, taking into account the sensitivity of the Confidential Information and the access required to achieve holistic UNISAs objectives; 19.2.6.3. determine whether and/or when UNISAs Intellectual Property portfolio is to be reviewed; and 19.2.6.4. provide the Vice Principal with an annual summary report on the outcomes of commercialisation

endeavours involving UNISAs IP and any related issues. 19.2.7. The Technology Transfer Office will, in relation to UNISAs interaction with NIPMO: 19.2.7.1. refer UNISAs Intellectual Property for which UNISA elects not to obtain statutory Intellectual Property protection to NIPMO within the prescribed time period; 19.2.7.2. formulate a methodology for calculating the Full Costs of research and submit to NIPMO for approval; 19.2.7.3. submit the Policy and Management Manual to NIPMO for approval of all principal policy decisions required by the Act;

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19.2.7.4. report to NIPMO on an annual basis in all matters pertaining to UNISAs Intellectual Property in a manner prescribed by NIPMO; 19.2.7.5. recover Intellectual Property protection costs from a fund administered by NIPMO, when applicable; and 19.2.7.6. motivate and apply to NIPMO for financing for capacitybuilding and activities of the Technology Transfer Office. 110. USE OF INTELLECTUAL PROPERTY 110.1. Use of Intellectual Property by Employees, Students and Researchers 110.1.1. Employees, Students and Researchers shall take care to ensure that Intellectual Property belonging to UNISA and/ or to third parties shall, at all times, be protected against any accidental, premature, unlawful or unauthorized disclosure, use, reproduction, misappropriation or destruction. 110.1.2. Line Managers have an obligation to ensure that the Employees, Students and Researchers are aware of and adhere to the provisions of this Policy. 110.1.3. Employees, Students and Researchers have the following obligations as regards any Intellectual Property to which this Policy applies (as set out in section 8.1.1 above): 110.1.3.1. he/she shall disclose, immediately upon the creation of such Intellectual Property or immediately upon such creation coming to his/her attention, to his/her Line Manager 110.1.3.2. he/she and sign all documents that may be necessary

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in order to ensure that ownership of such Intellectual Property properly vests in UNISA; 110.1.3.3. he/she shall inform UNISA of prior art relevant to the scope and/or validity of the Intellectual Property which is within his/her personal knowledge; 110.1.3.4. he/she shall use UNISAs Intellectual Property in a prudent and conscientious manner for the purpose of advancing UNISAs interests; 110.1.3.5. he/she shall inform his/her Line Manager of any unauthorized use of the Intellectual Property; 110.1.3.6. he/she shall protect the integrity of UNISAs Intellectual Property; 110.1.3.7. in addition to this Policy, he/she shall respect the guidelines, standards and methods issued from time to time by the Technology Transfer Office; 110.1.3.8. he/she shall abide by the laws, regulations, decrees, judgments and other legal requirements imposed by any competent authority with respect to the Intellectual Property; 110.1.3.9. he/she shall abide by the provisions relating to Intellectual Property which are set forth in any contract to which UNISA is a party; 110.1.3.10. he/she shall respect the security rules regarding the creation, use and protection of UNISA Intellectual Property, as such rules are issued from time to time by UNISA;

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110.1.3.11. he/she shall report to his/her Line Manager any weak point which he/she may discover or become aware of as regards to the security measures protecting UNISAs Intellectual Property; 110.1.3.12. he/she shall cooperate with his/her Line Manager or any person in charge in order to facilitate the identification and correction of any flaw or problem affecting the creation or use of UNISAs Intellectual Property, or the security measures protecting it; 110.1.3.13. he/she shall report forthwith to his/her Line Manager any violation by anyone of any of the terms of this Policy; 110.1.3.14. subject to his/her constitutional rights, he/she shall provide his/her full cooperation and any evidence required in the course of any investigation carried out as regards the creation, use or protection of UNISAs Intellectual Property; and 110.1.3.15. at UNISAs request, he/she shall testify before any court, commission or other tribunal with respect to the Intellectual Property or the creation, use or protection thereof. 110.2. Respect for Intellectual Property 110.2.1. Employees, Students and Researchers shall at all times respect and protect Intellectual Property rights held by UNISA or by a third party and shall under no circumstances misappropriate or infringe or attempt to misappropriate or infringe, all or part of such Intellectual Property rights, whether directly or indirectly and whether by using, disclosing, copying or reproducing same, or

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otherwise. 110.2.2. If an Employee, Student or Researcher has any question about whether to incorporate the unlicensed Intellectual Property of a third party in any work undertaken for UNISA, he/she shall first seek advice from his Line Manager. If necessary, the Line Manager shall consult the Technology Transfer Office for guidance. 110.3. Termination of Engagement and Surrender of UNISA Intellectual Property 110.3.1. When his/her engagement with UNISA terminates, for any reason whatsoever, an Employee, Student or Researcher shall surrender to UNISA, all material embodiments of UNISAs Intellectual Property in his/her possession. In particular, but without limiting the generality of the foregoing, Employees, Students and Researchers shall surrender to UNISA all tools, Equipment, samples, documentation, stationery, business cards, software, diskettes, memory sticks, hard drives and user guides. 110.3.2. When required to do so, Employees and Researchers shall attend an exit interview with their respective Line Managers at which they will be required to make full disclosure to UNISA of all Intellectual Property that they may have been working on during the term of their engagement with UNISA. 110.3.3. Moreover, Employees, Students and Researchers shall not keep any partial or entire reproduction (copy, photocopy, draft, summary or other), on any medium whatsoever, of all or part of UNISAs Intellectual Property after the date of termination of his/ her engagement with UNISA, unless the express consent of the Technology Transfer Office has been obtained.

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111. PROTECTING CONFIDENTIAL INFORMATION / KNOW-HOW This section sets out standards regarding the protection of Confidential Information. 111.1. Publication 111.1.1. Before making a public disclosure of Confidential Information, Employees, Students and Researchers shall submit to the Technology Transfer Office, a request for authorisation thereto (even where such Confidential Information is co-owned with one or more Collaborators). Public disclosure shall include, inter alia, disclosures at seminars and disclosures in academic and/or research papers, journals or magazines. 111.1.2. The Technology Transfer Office shall determine whether public disclosure of UNISAs Intellectual Property shall be permitted, having regard to the provisions of the Act. 111.1.3. Should the Technology Transfer Office be of the opinion that publication of the Confidential Information will not compromise protection and/or commercialisation of the Intellectual Property in question and provided that the necessary NIPMO approval has been obtained, the authorisation to publish will not be unreasonably withheld or delayed. 111.1.4. In any publication pertaining to UNISAs Intellectual Property, UNISA shall endeavour to provide that both UNISA its Employees, Students and Researchers, as the case may be, are recognised for their contributions to the creation and/or exploitation of the Intellectual Property. 111.2. Duty to take Special Care To the extent required, Employees, Students and Researchers are given access to Confidential Information. Proper protection of the confidentiality

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of this information is essential if UNISAs interests are to be preserved. These interests include maintenance of competitive, advantage, trade secret protection, and preservation of personal privacy. All Employees, Students and Researchers must take special care to prevent disclosure of Confidential Information to unauthorized third parties. 111.3. Sources of Additional Information While this policy describes the considerations that Employees, Students and Researchers should bear in mind before, during, and after disclosure of Confidential Information to third parties, it cannot specifically address every possible situation. Questions about the disclosure of specific information must be directed firstly to the Line Managers and subsequently, if necessary, to the Technology Transfer Office. Additionally, Employees and Researchers are expected to use their professional judgment, and ask their Line Manager for guidance in those instances where the appropriate requirements of handling Confidential Information is unclear. 111.4. Labelling of Information The Technology Transfer Office shall develop guidelines for the labelling of all UNISAs Confidential information. That policy will set out the different types of labels to be affixed to various types of Confidential Information, responsibility for labelling, practical implications of each label, consequences of non-compliance, etc. 111.5. Third Parties and the Need To Know Unless it has specifically been designated as suitable for public dissemination, all UNISAs Confidential Information must be protected from unauthorized disclosure to third parties. Third parties may be given access to UNISAs Confidential Information only when a demonstrable need to know exists, and when such a disclosure has been expressly authorized by the relevant UNISA Line Manager.

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111.6.

Non-Disclosure Agreements The disclosure of sensitive information to Consultants, Service Providers, Collaborators, temporary staff, volunteers and other third parties must be preceded by the execution of a Non-Disclosure Agreement (NDA). When an NDA pertains to an organization, to be valid, a duly authorised officer of the recipient organization must sign the NDA. Employees, Students and Researchers must not sign NDAs provided by third parties without the advance authorization of the Technology Transfer Office. If an Employee, Student or Researcher of UNISA wishes to enter into an agreement with a third party in terms of which Confidential Information will be transferred, he/she will approach his/her Line Manager who will subject to consultation with the Technology Transfer Office ensure that the following terms are included in the agreement: 111.6.1. that the Confidential Information to be transferred will only be used for the stated purposes; and 111.6.2. that the Confidential Information will not be released to any person other than the third party or his/her co-workers working directly under the third party who have agreed to abide by the terms and conditions of the agreement.

111.7.

Disclosing Information Belonging to Third Parties Employees, Students and Researchers must not disclose third-party information to other third parties unless the third party providing the information has provided advanced approval of the disclosure. Even when this disclosure has been approved in advance, the receiving party must sign a Non-Disclosure Agreement with UNISA.

111.8.

Third-Party Requests for UNISA Information All requests from third parties for Confidential Information must be referred

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to the relevant Line Manager. Such requests may include questionnaires, surveys, and newspaper interviews. This policy does not apply to sales and marketing information about UNISA and its offerings, nor does it pertain to requests for information that has been approved for public release. 111.9. Recovery or Destruction All material embodiments of Confidential Information provided to third parties must be recovered and returned to Line Managers within a reasonable period. 111.10. Reporting Improper Disclosures If Confidential Information has been inappropriately disclosed, or is believed to have been inappropriately disclosed, this must be reported immediately to the relevant Line Manager. It is the Line Manager's responsibility to determine whether the disclosure or suspected disclosure must be reported to third parties such as NIPMO. If the Line Manager is uncertain about what to do about the reported disclosure, he must seek advice from the Technology Transfer Office.

112. SERVICE PROVIDERS AND CONSULTANTS This section of the Policy is concerned with the responsibilities/obligations that are specific to Service Providers and Consultants in relation to UNISAs Intellectual Property. It is acknowledged that most of the details pertaining to the relationship between UNISA and its Service Providers will be found in the underlying agreement between these parties. This policy seeks to provide a few policy pointers for the protection of UNISAs Intellectual Property in the context of interaction with Service Providers/Consultants. 112.1. Ownership

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All Intellectual Property developed by a Service Provider/Consultant in the course of the contractual relationship with UNISA shall vest in UNISA. Any deviation from this policy shall be subject to the prior written authorisation of the Technology Transfer Office. Accordingly, Employees, Students and Researchers must consult their Line Managers in order to ensure that relevant agreements incorporate appropriate clauses providing for assignment of Intellectual Property to UNISA. 112.2. Moral Rights 112.2.1. This refers to an author's right to be identified as the author of a work as well as the right to object to any distortion or mutilation of the work developed by the author on behalf of UNISA. 112.2.2. Although UNISA recognises and acknowledges an author's moral rights, UNISA requires the author to reasonably waive all moral rights to the work. This is necessitated by considerations of efficiency and commercial expediency in order to ensure that UNISA is able to make commercial decisions concerning the exploitation of the work as speedily as possible. Requests for exceptions must be directed to the Technology Transfer Office. 112.3. Undertaking to Sign All Documents It is the responsibility of the Line Manager or a department engaging the services of a Service Provider to ensure that the Service Provider signs all documents and provides all authorizations or consents: 112.3.1. to give full effect to the relevant terms of this Policy; and 112.3.2. in particular, the Service Providers and Consultants shall allow UNISA or its representatives to obtain all rights, title or interests in or to the Intellectual Property developed by such Service Providers/Consultants in any country whatsoever failing which,

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the Service Providers/Consultants shall be deemed to have given an irrevocable mandate to UNISA or to any person designated by UNISA to provide all such authorizations or consents and to sign all such documents for such purposes. If assistance is required, the Line Manager must consult the Technology Transfer Office. 112.4. Authorised Use With regard to Service Providers/Consultants, the nature of the authorised use of UNISAs Intellectual Property will be set out in the applicable agreements with UNISA. As a general rule, this will be use that is necessary in order to achieve the objects of the underlying agreement. 112.5. Consequences of Termination 112.5.1. The consequences of termination of the agreement between UNISA and any Service Provider/Consultant in relation to Intellectual Property shall be addressed in the applicable agreement between the parties. However, as a general rule, upon termination of the agreement, the Service Provider shall transfer and surrender to UNISA all the Intellectual Property developed under the agreement, as well as copies thereof, to UNISA. Further, unless otherwise agreed in the relevant contract, the Service Provider shall immediately cease all use of UNISAs Intellectual Property. 112.5.2. It is the responsibility of the relevant Line Manager to ensure that the post- termination provisions are adhered to. 112.6. Licences Unless otherwise agreed in the underlying agreement between the parties, the Service Providers/Consultants do not have an automatic licence to use any of the Intellectual Property that they could have created for UNISA. The

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terms of such license will be subject to such conditions as the Technology Transfer Office may determine.

113. RESERVED RIGHTS 113.1. Privileges and Entitlements UNISA reserves the right to exercise all the privileges and entitlements granted to it by the applicable Intellectual Property laws, including but not limited to the following: 113.1.1. it may refrain from creating, cease creating, or prohibit the creation or continued creation of any Intellectual Property whatsoever; 113.1.2. it may refrain from using, cease using, or prohibit the use or continued use of any Intellectual Property whatsoever; 113.1.3. as regards the information, messages, files or data contained in UNISAs Equipment or originating there from, it may take cognizance of all or part thereof, or read, copy, reproduce, print, use, communicate, store, move, archive or destroy same in whole or in part, whether or not such information, messages, files or data were created, received or stored by Employees, Students or Researchers with the help of the said Equipment; 113.1.4. it may, use any technical means whatsoever, monitor access to the Equipment and the use thereof by Employees, Students or Researchers whether such monitoring is carried out in real or non-real time and whether or not such Employees, Students or Researchers are aware of such monitoring; 113.1.5. it may access or open any encrypted, encoded or passwordprotected message or file;

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113.1.6. it may temporarily or permanently interrupt access to the Equipment and the use thereof by Employees, Students or Researchers if it is of the opinion that the actions of the Employees, Students or Researchers or the consequences of such actions are such that: 113.1.6.1. they infringe or are likely to infringe any right, title or interest in or to any of UNISAs Intellectual Property belonging to UNISA or to a third party; 113.1.6.2. they breach or are likely to breach one or more rules relating to the creation, use or protection of Intellectual Property; 113.1.6.3. they breach or are likely to breach one or more security rules; or 113.1.6.4. they breach or are likely to breach one or more of the provisions of this Policy or of other applicable policies, guidelines, standards or methods; and 113.1.7. it may provide its full cooperation and any evidence required in the course of any investigation carried out by the police, by UNISAs insurers, by the victim's insurers or by the victim himself/ herself, as regards any criminal offence or civil fault alleged against Employees, Students or Researchers or a third party in connection with the creation, use or protection of UNISA Intellectual Property.

114. COMMERCIALISATION OF UNISAS INTELLECTUAL PROPERTY 114.1. Commercialisation Strategy 114.1.1. Commercialisation refers to the process by which UNISA obtains

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some benefit from the exploitation of any of UNISAs IP. Commercialisation can take various forms, including licensing arrangements, strategic alliance, joint venture, co-branding arrangements with business partners, etc. The decision to commercialise any aspect of UNISAs IP shall be made by the Divisional Executive Corporate Services on recommendation by the IP Steering Committee or any manager or sub-committee nominated by them. 114.1.2. In assessing a suitable commercialisation strategy for UNISAs IP, the Technology Transfer Office and IP Steering Committee shall take into account the balanced achievement of maximum benefit for the public as well as UNISA, in order to ensure long-term public benefit. 114.1.3. To enable UNISA to focus on its main objectives and basic research, UNISA shall endeavour, as far as practically possible, to identify, engage and appoint external commercialisation partners, and to grant rights to such commercialisation partners through which commercialisation of UNISAs IP is to take place. 114.1.4. The appropriate commercialisation strategy shall be determined by the IP Steering Committee taking into account: 114.1.4.1. the nature and scope of UNISAs IP, its scientific and technical validity and stage of development; 114.1.4.2. the potential commercial application of UNISAs IP and the alignment thereof with the primary business and core competencies of UNISA; 114.1.4.3. related government policies and directives; 114.1.4.4. the internal capacity of UNISA to implement and

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manage a proposed commercialisation strategy; 114.1.4.5. the expected viability and return on the

commercialisation of UNISAs IP; 114.1.4.6. potential costs, risks, revenues and benefits of the commercialisation of UNISAs IP; 114.1.5. The Technology Transfer Office shall, where required, consult and seek advice from relevant external sources with relevant experience when identifying a commercial strategy as set out above. 114.1.6. The Technology Transfer office may, inter alia, consider the following commercialisation models: 114.1.6.1. Assignment: ownership of UNISAs IP is assigned outright to a third party under appropriate negotiated terms and conditions; 114.1.6.2. Licence: a right to exploit UNISAs IP is granted to a third party under certain conditions and for a predetermined term; 114.1.6.3. Managed Commercialisation: UNISAs IP is

commercialised in-house under the guidance of the Technology Transfer Office, through the sale of a product or service embodying the IP; 114.1.6.4. Joint Venture/Partnership: UNISA becomes a party to a joint venture development or commercialisation partnership. 114.2. Financial Returns from Commercialisation

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114.2.1. Subject to section 15.3 , financial returns from commercialisation of UNISAs IP shall in the first instance be applied to recover any direct costs involved with seeking and maintaining IP protection as well as commercialisation of the IP, which costs may include: 114.2.1.1. legal or other expert advice; 114.2.1.2. the cost of obtaining IP protection and maintenance of any registered rights in respect thereof; 114.2.1.3. plant/Equipment costs; 114.2.1.4. business planning costs; and 114.2.1.5. the ongoing cost of commercially exploiting the IP. 114.2.2. The net returns, being the remainder of the returns once direct costs have been accounted for shall be shared with inventors who are Employees, Students or Researchers, in order to encourage the generation of commercially useful inventions by Employees, Students and Researchers in terms of clause 15.3. 114.3. Commercialisation Preferences 114.3.1. The Technology Transfer Office shall as far as reasonably possible endeavour to adopt a commercialisation model in which UNISAs ownership of IP is retained. 114.3.2. Should a licensing model be adopted, the following preferences shall be taken into account in identifying a licensee and determining the terms and conditions of such licence: 114.3.2.1. There shall be a preference for entities having Broad Based Black Economic empowerment credentials; 114.3.2.2. There shall be a preference for small to medium

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enterprises; 114.3.2.3. Where manufacture is involved, there shall be a preference for entities having local manufacturing capabilities; 114.3.2.4. There shall be a preference for non-exclusive licensing. In license agreements entered into with

commercial partners, non-exclusive licensing shall be a preferred option as it will permit wider access to the actors within the economy and will create, under some circumstances, a performance incentive. 114.3.2.5. Exclusive licensing may also be considered in particular circumstances, for instance when

developing early stage technologies that require considerable further development work or to ensure that commercial partners are interested in investing time, resources and effort into the commercialisation of UNISAs IP. 114.3.2.6. To prevent failures in the commercialisation of technology which other potential developers might be better placed to exploit, performance clauses must be included in licence agreements. 114.3.2.7. There shall be a preference for licensing a local commercialisation entity. Reasonable and

demonstrable efforts shall be made to license UNISAs IP locally, as local licensing will have a maximum impact on stimulating national and local economic development and providing the South African business sector with new commercialisation opportunities.

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114.3.2.8. Licensing a foreign commercialisation entity can be considered to increase foreign direct investment and technology partnerships for South Africa

when licensing is not reasonably possible in South Africa, or where it could supplement local licensing arrangements. 114.3.2.9. Where local licensees cannot be secured, UNISA shall ensure that locally beneficial arrangements (such as for example manufacturing preferred pricing, R&D obligations) are secured are far as reasonably possible. 114.4. Decision Making Any decision regarding the sale, assignment or the granting of exclusive rights to any of UNISAs IP shall require the prior approval of the IP Steering Committee. 114.5. Involvement in Technology Transfer Employees and Researchers are expected to accord UNISA their primary professional loyalty and to ensure that outside obligations, financial interests and activities do not conflict with their commitment to UNISA. In particular, Employees should not seek to influence UNISAs IP commercialisation decisions in such a way as to promote personal gain or advantage to their associates or that may lead to reduced income for UNISA or its affiliates. Where an Employee or Researcher is, or may potentially be in a position of conflict of interest in respect to commercialisation of IP by UNISA, the Employee must disclose this situation to the Technology Transfer Office within 5 days, in order for the office and the Employee/Researcher to negotiate a strategy that resolves the conflict of interest.

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An Employee, Student or Researcher who has an economic interest in a commercialisation project of UNISA shall still be entitled to receive any benefit due to them as an inventor/creator of the IP, however they may not participate in negotiations to transfer technology to any organisation in which they have such interest. 114.6. Involvement in Spin-Off, Subsidiary or Emerging Company Spin-offs, subsidiaries and emerging companies are recognised as an important part of the national economy. It may be attractive to Employees to be able to participate in such a company without having to leave the employ of UNISA. However, this can lead to a conflict of interest which must be identified up front and a strategy developed to deal with the conflict of interest. In the case where an Employee wishes to become involved full-time with a spin-off, subsidiary or emerging company, or is involved in an executive capacity, the Employees duties and remuneration shall be reconsidered and adapted accordingly, in consultation with the Employee and in compliance with any guidelines issued by NIPMO. No Employee, Student or Researcher shall be involved in any other private company, close corporation or other separate entity or enterprise that competes with UNISA by providing consulting, research or any other services that would prejudice UNISA. No Employee, Student or Researcher who

is involved in a spin-off enterprise, or an enterprise engaged with UNISA shall compete or be involved with any other entity that competes with such enterprise without prior authorisation from UNISA which authorisation must be reduced to writing and signed. 115. BENEFIT SHARING 115.1. Beneficiaries

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There are a number of possible beneficiaries from exploitation of IP, including the creator/inventor of the IP, the Research Entity within UNISA to which the creator belongs, UNISA itself and private co-owners of a spin-off, subsidiary or emerging company. 115.2. Income Allocation 115.2.1. Employees, Students and Researchers that are IP creators, and their heirs are granted a right to a portion of revenues that accrue to UNISA from the commercialisation of the IP for as long as revenues are derived from such IP. 115.2.2. Income that accrues to the IP creator in his/her personal capacity is taxable. If the IP creator elects to retain the funds in their research account (if applicable), the funds will not be taxable, but shall be subject to the rules governing the use of research account funds. 115.2.3. Benefits granted to the IP creators will be shared in accordance with their relative contributions unless otherwise agreed between the IP creators in writing. The status of the IP creators shall not be a factor in determining a creators share in the benefits. Any dispute which arises with respect to benefit sharing shall be adjudicated by the IP Steering Committee, whose decision shall be final. 115.2.4. The share of revenue which is to be allocated to a Research Entity of UNISA shall be allocated to the head of the Research Entity. The head of the Research Entity shall determine the distribution within the Research Entity. The funds shall be applied in the interest of research and may not be allocated to any individual for personal gain. 115.2.5. The share of revenue that is to be allocated to UNISA shall be

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allocated to the Vice Principal for the promotion and development generally, of research and innovation. 115.2.6. Revenue from IP that is co-owned by UNISA and an outside organisation shall be divided in accordance with the agreement between the parties. 115.3. Formula of Income Allocation 115.3.1. First R1,000,000 of Revenue Twenty percent of the gross revenues accruing to UNISA in respect of the first R1,000,000 of gross revenue generates shall be shared between the IP creator(s). Commercialisation costs will then be deducted from the balance to determine the net revenue, which shall be split between the relevant Research Entity (40%) and UNISA (60%). In the event that the IP is co-owned with an outside organisation, after deduction of the commercialisation costs, the remainder of the revenue shall be split in accordance with the agreement between the outside organisation and UNISA. 115.3.2. Revenue above R1,000,000 Commercialisation costs will first be deducted from any revenue in excess of R1,000,000 to determine the net revenue. The net revenue shall then be split between the IP creator(s) (30%), the relevant Research Entity (30%) and UNISA (40%). In the event that the IP is co-owned with an outside organisation, after deduction of the commercialisation costs and 30% or the remainder for payment of the IP creator(s), the remainder of the revenue shall be split in accordance with the agreement between the outside organisation and UNISA.

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115.3.3. Death of a Beneficiary or Termination of Engagement with UNISA In the event of the death of a beneficiary of revenue generated through the commercialisation of UNISA IP, the revenues shall be paid to the estate of the beneficiary of such IP creator, and upon winding up of the estate, to his/her heirs. The heirs shall have the responsibility of notifying UNISA of any changes in contact details after death of the beneficiary. In the event of the termination of engagement, with the exception of dismissal of an Employee, of a beneficiary of revenue generated through the commercialisation of UNISA IP, revenues shall continue to be paid to the beneficiary. It is the duty of the beneficiary to notify the Technology Transfer Office of any changes in contact details after termination of his/her engagement.

116. INFRINGEMENT OF UNISAS INTELLECTUAL PROPERTY 116.1. Responsibility of Employees, Students and Researchers If infringement or illegal use of UNISAs Intellectual Property by a third party comes to the attention of any Employee, Student or Researcher, then he/she shall immediately notify the Technology Transfer Office of such infringement or illegal use. 116.2. Steps to be Taken 116.2.1. It shall be within the discretion of the Vice Principal to determine what steps shall be taken against an infringer and Employees, Students and Researchers shall co-operate fully with UNISA in whatever measures, including legal action, are taken to bring any infringement or illegal use to an end.

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116.2.2. Any damages awarded in infringement proceedings shall be for the benefit of UNISA. 116.2.3. It shall further be within the Vice Principals discretion to decide what steps will be taken by UNISA if infringement proceedings are instituted against UNISA as a result of the infringement of a third partys Intellectual Property rights by an Employee, Student or Researcher.

117. SANCTIONS FOR VIOLATING THE POLICY 117.1. Employees, Students and Researchers UNISA regards the failure to comply, in whole or in part, with one or more of the provisions of this Policy, to be a serious offence. Accordingly, any Employee, Student or Researcher found guilty of violating this Policy may face a number of penalties, including: 117.1.1. cancellation of access rights to the Equipment and/or UNISAs Intellectual Property contemplated in this Policy; 117.1.2. dismissal or expulsion; 117.1.3. prohibition of access to premises; The provisions of this paragraph must be read together with any other disciplinary policy or code of UNISA, which sets out the processes that need to be followed in order to institute disciplinary proceedings.

118. REQUESTS FOR EXCEPTIONS FROM POLICY Subject to any other applicable provision, any request to depart from this Policy shall

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be made in writing and shall be sent to the IP Steering Committee, which shall have full authority to grant such request, in whole or in part, or to refuse same.

119. MONITORING AND ADMINISTRATION OF THE POLICY 119.1. Accountability The Vice Principal shall be accountable for the implementation of this Policy. 119.2. Questions comments and suggestions Any Employee, Student or Researcher with questions, comments or suggestions relating to the content or interpretation of this Policy shall direct these to his/her Line Manager and/or the Technology Transfer Office. 119.3. Interpretation and Disputes 119.3.1. Any dispute relating to the interpretation of one or more of the provisions of this Policy shall be resolved by the IP Steering Committee. 119.3.2. Furthermore, at least once a year, the IP Steering Committee shall: 119.3.2.1. hold a meeting in order to review this Policy in light of any interpretation problems and in light of any technological or legislative changes that may have occurred; and 119.3.2.2. submit to the Vice Principal a detailed list of the changes approved to this Policy, as well as the justification for each such change.

120. GENERAL PROVISIONS OF THE POLICY

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Unless otherwise stated in this Policy, the following provisions shall apply. 120.1. Amendment or Cancellation of the Policy This Policy may be modified or cancelled at any time and without notice, at UNISAs discretion, provided that any modifications/amendments shall be communicated to Employees, Students, Researchers, Service Providers and Consultants in such manner as the Vice Principal may deem appropriate. 120.2. Number and Gender Where appropriate, the singular number set forth in this Policy shall be interpreted as the plural number, and the gender shall be interpreted as masculine, feminine or neuter, as the context dictates. 120.3. Other Applicable Policies This Policy is in addition to all other UNISA policies, and to all guidelines, standards and methods issued by UNISA. It is not in any way intended to replace or supersede one or more of such policies, guidelines, standards and methods, unless otherwise specified in this Policy, but shall prevail over any contrary Intellectual Property provisions in any other policy, guideline or standard. 120.4. Other Applicable Laws This Policy in addition to having cognisance legislation regarding Patents and Designs, incorporates legislation which may be relevant to UNISAs Intellectual Property, such as the Act.

121. EFFECTIVE DATE OF THE POLICY This Policy shall become effective from the date on which it is approved by the IP Steering Committee.

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122. TERM OF THE POLICY This Policy shall remain effective until it is repealed, or amended or replaced by another policy.

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