No / The relationship between the academy and the business community is currently perceived to be important to the future of both parties. Universities provide graduates to meet the needs and requirements of society and industry, and the latter supplies products and services to meet the needs of the market place. Whether public or private, industry increasingly seeks to use tools and techniques that increase efficiency and effectiveness, whilst at the same time maximizing quality and minimizing cost. The current trend towards companies outsourcing their R & D requirements to reduce corporate overheads and optimize staffing levels means that Universities can utilize the opportunity and bid to supply this expertise. Universities also generate their own spin-outs from intellectual property they create, as well as licensing technology to industry, rather than transferring it. However, the relationship between university and industry is not without its challenges, chief of which is the historical commitment of the academy to advance knowledge whether it is directly applicable or not. In addition, there are many fundamental and important long term research issues that many would argue are the primary duty of the academy to address, which may have no direct application in the short to medium term. This is resulting in increasing tensions in the academy, and in the priorities for national and international funding agencies. There can also be significant cultural differences and reward models between the academy and industry which give rise to difficult issues for staff at the interface. This chapter reviews the current developments and the issues at the interface between business and the academy.

The proliferation of embedded systems into nearly every aspect of modern infrastructure and society has seen their deployment in such diverse roles as monitoring the power grid and processing commercial payments. Software intellectual property (SWIP) is a critical component of these increasingly complex systems and represents a significant investment to its developers. However, deeply immersed in their environment, embedded systems are difficult to secure. As a result, developers want to ensure that their SWIP is protected from being reverse engineered or stolen by unauthorized parties. Many techniques have been proposed to address the issue of SWIP protection for embedded systems. These range from secure memory components to complete shifts in processor architectures. While powerful, these approaches often require the development of systems from the ground up or the application of specialized and often expensive hardware components. As a result they are poorly suited to address the security concerns of legacy embedded systems or systems based on commodity components. This work explores the protection of SWIP on heavily constrained, legacy and commodity embedded systems. We accomplish this by evaluating a generic embedded system to identify the security concerns in the context of SWIP protection. The evaluation is applied to determine the limitations of a software only approach on a real world legacy embedded system that lacks any specialized security hardware features. We improve upon this system by developing a prototype system using only commodity components. Finally we propose a Portable Embedded Software Intellectual Property Security (PESIPS) system that can easily be deployed as a framework on both legacy and commodity systems. / Master of Science

Yes / The aim of the study is to investigate two relatively underexplored factors, namely, the R&D (research and development) capabilities of target firms and the strength of intellectual property (IP) institutions in target economies, that influences the choice of equity ownership in cross border acquisitions (CBAs) undertaken by multinational enterprises (MNEs) from BRICS (Brazil, Russia, India, China and South Africa) economies. We develop our key hypothesis on foreign market entry through CBAs by incorporating insights from transaction costs economics, the resource-based view and institutional theory to investigate the determinants of full versus partial equity ownership. Using logistic regression estimation methods to a sample of 111 CBA deals of BRICS MNEs in 22 European countries, we find that BRICS MNEs are likely to pursue full rather than partial acquisition mode when target firms have high R&D capabilities. However, the greater the degree of strength of IP institutions in target economies and higher the target firms’ R&D capabilities, the more likely it is for BRICS MNEs to undertake partial, rather than, full acquisition mode. We provide interesting theoretical insights and managerial implications that might underlie some of the key findings on CBAs by emerging market MNEs.

Thesis (MA)--University of Stellenbosch, 2002. / ENGLISH ABSTRACT: This thesis is a descriptive and interpretive study into the political economy of intellectual property rights, the conceptual and practical implications for the phenomenon of global governance, and how developing countries experience problems with the implementation of national policies that infringe on international intellectual property rights. The specific area of interest is the generic medicine debate that ensued in South Africa after the alleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health. The research question that is addressed is to what extent has the existing international intellectual property rights regime been influenced and/or undermined by South Africa's intended application of WTO regulations in terms of compulsory licensing and parallel imports of "essential" medicines. In doing so, the paper examines the roles of the important states, international organisations, institutions, and private sector firms within the sphere ofthe political economy of intellectual property and how they impede upon or improve the functioning of the intellectual property rights regime. The methodology entails analytical inquiries into documentary evidence on the nature of the international intellectual property rights regime. Areas that are examined are the agendas of the important actors, namely states and their respective departments; individuals and firms; and international organisations. The concept of intellectual property is examined to determine its dynamic role within the generic medicine debate. The thesis concludes that the agendas of pharmaceutical firms and states are exploiting current political stalemates in the negotiations for a fair intellectual property rights regime. National health agencies, and specifically the South African Department of Health, are under enormous pressure to provide affordable health services. Specifically, the US Government and US pharmaceutical firms are dominating discussions on the architecture of the international intellectual property law regime. By using an analysis incorporating systemic, domestic interest, institutional, and ideational perspectives, it is argued that South Africa's drive for a more distributive intellectual property rights regime has placed the issue of health, Aids and generic medicine firmly within the sphere of the political economy of trade agreements. / AFRIKAANSE OPSOMMING: Hierdie tesis is 'n deskriptiewe en 'n interpretiewe studie oor die politieke ekonomie van intellektuele eiendomsregte, die konseptuele en praktiese implikasies vir die verskynsel van globale regering, en hoe ontwikkelende lande probleme ervaar met die implimentering van nasionale beleid wat internasionale intellektuele eiendomsregte aantas. Die spesifieke area van belang is die generiese medisyne debat wat onstaan het na die beweerde skending van patentregte van anti-HIVNigs medisyne deur die Departement van Gesondheid. Die navorsingsvraag wat beantwoord word behels die omvang van die impak van Suid- Afrika se voorgenome toepassing van WTO bepalinge, met betrekking tot die verpligte lisensiering en parallelle invoer van "essensiele" medisyne, op die bestaande internasionale intellektuele eiedomsreg regime. Hierdie tesis ondersoek vervolgens die rol van state, internasionale organisasies, instellings, en privaat sector firmas binne die sfeer van die politieke ekonomie van intellektuele eiendom en hoe hulle afsonderlik die funksionaliteit van die intellektuele eiendomsregte regime beïnvloed. Die metodologie behels 'n analitiese ondersoek van die literatuur oor die aard van internasionale intellektuele eiendomsreg regimes. Areas wat ondersoek word, is die agendas van belangrike akteurs, naamlik die staat en sy onderskeie departemente; individue en firmas; asook internasionale organisasies en instellings. Die konsep van intellektuele eiendom word ondersoek om die dinamiese uitwerking daarvan op die generiese medisyne debat te verstaan. Hierdie tesis voer aan dat die agendas van firmas, spesifiek farmaseutiese firmas en state die huidige politieke dooiepunt in die onderhandeling rondom 'n regverdige intellektuele iendomsregte-regime, uitbuit. Nasionale instellings, soos die Suid-Afrikaanse Departement van Gesondheid, is onder groot druk om bekostigbare gesondheidsdienste te lewer. Die VSA en farmaseutiese firmas domineer onderhandelinge vir 'n nuwe struktuur vir die internasionale eiendomsregte-regime. Deur gebruik te maak van 'n analitiese raamwerk wat sistemiese, interne belange, institusionele, en ideologies perspektiewe inkorporeer, word daar geargumenteer dat Suid-Afrika se pogings om 'n meer distributiewe intellektuele eiendomsregte regime te verseker, die probleem van gesondheid, Vigs, en generiese medisyne binnne die sfeer van die politieke ekonomie van handelsooreenkomste, plaas.

Thesis (MA)--University of Stellenbosch, 2002. / ENGLISH ABSTRACT: In October 1999 South Africa and the European Union (EU) signed a free trade agreement, the Trade Development and Co-operation Agreement (TDCA), which came into effect on 1 January 2000. The TDCA was developed to enhance bilateral trade, economic-, political- and social cooperation and consists of three components - the creation of a Free Trade Area between South-Africa and the EU, EU financial aid to South Africa through the European Programme for Reconstruction and Development (EPRD), and project aid. However, the EU, in an effort to secure the best possible deal for itself, often behave in its own interests (through the manipulation of the Wine and Spirits Agreement) during the negotiations for the TDCA. The goal of this study was to establish what exactly trademarks are, and what implications the EU's protection of intellectual property rights on wine and spirits trademarks will have on i) the South African wine industry, ii) whether South Africa could have exercised another option, iii) whether this action has created a precedent with which the EU can, in future, again force South Africa or any of its other developing trade partners to make concessions, and iv) who gains the most from the TDCA. The concludes that the EU, through the manipulation of the Wine and Spirits Agreement, left South Africa with no choice by to concede the use of the contested trademarks - something that has already taken its toll on the South African wine industry - in order to save the TDCA. This action created a precedent that the EU will, in future, again be in a position to threaten developing countries with the termination of an agreement should they fail to comply with its demands. Finally, the conclusion is made that even though the TDCA was created to assist South Africa with its reintegration into the world market, it will ultimately be the EU that benefits most from the agreement. / AFRIKAANSE OPSOMMING: Suid-Afrika en die Europese Unie (EU) het in Oktober 1999 In vryehandelsooreenkoms, die Trade Development and Co-operation Agreement (TDCA) onderteken, wat op 1 Januarie 2000 in werking getree het. Die TDCA is ontwerp om bilaterale handel-, ekonomiese-, politieke- en sosiale samewerking te bevorder en bestaan uit drie komponente, naamlik die skep van 'n vryehandelgebied tussen die EU en Suid-Afrika; finansiele steun deur die EU aan Suid-Afrika onder die European Programme for Reconstruction and Development (EPRD) en projekhulp. Die EU het egter dikwels in eiebelang opgetree (deur middel van die manipulasie van die Wyn- en Spiritus Ooreenkoms) tydens die onderhandelingsproses in 'n poging om die beste moontlike ooreenkoms vir homself te beding. Die doel van hierdie studie was om te bepaal wat presies handelsmerke is, en watter implikasies die EU se beskerming van intellektuele eiendomsregte aangaande wyn- en spiritushandelsmerke op i) die Suid-Afrikaanse wynbedryf sal he, ii) of Suid-Afrika 'n ander opsie kon uitoefen, iii) of hierdie aksie In presedent geskep het waarmee die EU Suid-Afrika of enige van sy ander ontwikkelende handelsvennote in die toekoms weer sal kan dwing om toegewings te maak, en iv) wie die meeste baat vind by die TDCA. Die studie het tot die gevolgtrekking gekom dat die EU deur die manipulasie van die Wyn- en Spiritus Ooreenkoms aan Suid-Afrika geen keuse gegee het nie as om die gebruik van die betwiste handelsmerke op te se - iets wat reeds die Suid-Afrikaanse wynbedryf geknou het - in 'n poging om die TDCA te behou. Hierdie optrede skep 'n presedent dat die EU voortaan in onderhandelings met ander ontwikkelende state weer kan dreig om die hele ooreenkoms te verongeluk indien daar nie aan sy eise voldoen word nie. In die laaste instansie is daar tot die gevolgtrekking gekom dat, alhoewel die TDCA daarop gemik was om Suid-Afrika te help met sy herintegrasie tot die wereldmark, dit uiteindelik die EU is wat die meeste daarby gaan baat.

The South African property sector is characterised by property practitioner firms that fail to comply with the Estate Agency Affairs Board (EAAB) code of conduct and firms having inefficient systems which are unable to combat hacking and cybercrime in the sector. Although property practitioner firms have systems and processes in place, there are still instances of unethical behaviour. Failure to prevent client personal information from being leaked is still a major problem in the sector, this issue can be addressed by demonstrating due diligence with respect to safeguarding sensitive information. The accuracy of information is also a problem in the sector and requires firms to resort to analysing collected data before capturing it, in order to maintain accuracy. The sector encounter illegal access to systems including breaking the password protected websites and password protection on a computer system. The objectives for this study were to investigate the extent to which firms enforce Information Ethics (IE), explore the systems and processes put in place by firms to enforce IE and to explore the challenges experienced by the firms in the Gauteng province when enforcing IE. The study was qualitative in nature and indepth interviews were conducted to gather information from five managers and five employees within the firm situated in Gauteng province. The study found that these property practitioner firms enforce IE to a certain extent. These firms use (22) systems and processes to enforce IE and experienced (5) challenges during the enforcement of IE. The study concludes that these property practitioner firms enforce IE using different systems and processes and experience challenges during enforcement. The list of IE enforcement systems and processes and challenges identified in this study will assist policy makers in compiling IE policies. The findings will also assist firms in IE enforcement and reduction of IE enforcement challenges. / Business Management / M. Com. (Business Management)

During the last two decades, there have been a number of policy and legislative changes in respect of South Africa’s intellectual property (IP) and the national system of innovation (NSI). In 2012, a Ministerial Review of the Science, Technology and Innovation (STI) landscape in South Africa made recommendations to improve the STI landscape and effectively the national system of innovation. The study provides a critical review of drafts of the national IP policy published in 2013 as well as the IP Framework released in 2016 for public comment. The review of the IP and the NSI are within the context of the National Development Plan (NDP), which outlines South Africa’s desired developmental goals. South Africa is part of the BRICS group of countries (Brazil, Russia, India, China and South Africa). The South African economy is characterised by a desire to move away from being dependent on resources and commodities, to becoming a more knowledge based and innovation driven economy. It is hoped that such a move would assist the country to address some of the social and economic development challenges facing South Africa, as captured in the NDP. South Africa has a functioning IP system, but its relationship with South Africa’s development trajectory is not established. More particularly, the extent to which the IP system relates to the innovation system and how these two systems must be aligned to enable South Africa to transition successfully from a country based on the production of primary resources and associated commodity-based industries to a viable knowledge-based economy is unclear. The Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organisation (WTO) provides that IP must contribute to innovation and to transfer of technology and knowledge in a manner that is conducive to social and economic welfare. Certain provisions set out the foundations of intellectual property systems within the context of each member state. This study has thus explored the complex, complementary and sometimes contested relationships between IP and innovation, with particular emphasis on the potential of an intellectual property system to stimulate innovation and foster social and economic development. The study has also analysed the interconnectivity of IP and innovation with other WTO legal instruments, taking into account South Africa’s positioning within the globalised economy and in particular the BRICS group of countries. The research involved a critical review of South Africa’s IP and innovation policies, as well as relevant legislation, instruments, infrastructure, IP and innovation landscape, and relationship with international WTO legal instruments, in addition to its performance, given the developmental priorities and the globalised economy. The research documents patenting trends by South Africans using European Patent Office (EPO), Patent Cooperation Treaty (PCT), United States Patents and Trademarks Office (USPTO) databases over the period 1996-2015. A comparative analysis of patenting trends amongst BRICS group of countries has also been documented. The study also documents new findings, observations and insights regarding South Africa’s IP and innovation systems. Some of these, particularly in relation to higher education and research institutions, are directly attributable to the Intellectual Property Rights from Publicly Financed Research and Development Act. More particularly, the public institutions are becoming relevant players in the NSI and are responsible for growth of certain technology clusters, in particular, biotechnology. At the same time, the study makes findings of a decline of private sector participation in patenting as well as R&D investment over the 20-year period. Recommendations are included regarding specific interventions to ensure coherence between the IP and innovation systems. Such coherence and alignment should strengthen the systems’ ability to stimulate innovation and foster inclusive development and competitiveness, which are relevant for addressing South Africa’s socio-economic development priorities. / Mercantile Law / LL. D.

On 8 June 2012, National Treasury amended Regulation 10(1) (c) of the Exchange Control Regulations to specifically include intellectual property. In so doing, all companies wishing to dispace intellectual property to an offshore destination had to obtain prior approval from National Treasury. However, National Treasury is reticent to grant permission to reassign these assets, as revenue from intellectual property is perceived to contribute vastly to the South African tax revenue. This amendment came into being shortly after the dismissal in the Oilwell case. This case, in essence, held that intellectual property is not capital for the purposes intended by National Treasury, and therefore no prior approval to assign it offshore is required from National Treasury. This dismissal led to a large outflow of intellectual property to tax favourable foreign locations. At the same time, it exposed transfer pricing risks that had previously gone unnoticed. Although these risks have once again been mitigated by the amendment to Regulation 10(1) (c), it does not mean that it is now a thing of the past, best left forgotten. The South African government intends to relax or abolish all exchange control regulations in the future. At present the exact date when this is to take place is not known. Once the exchange control regulations are abolished, the transfer pricing risks associated with intellectual property will once again come to the forefront and will lead to significant loss to South African tax revenue. The three main risks that became apparent during the period before the amendment to Regulation 10(1) (c) are the following: * Transfer pricing risk consisting of mainly: - A lack of a comparables database to enable tax administrators to determine an appropriate arm’s length price for intellectual property. - A lack of the relevant skills, experience and knowledge required to accurately assess transfer prices of intellectual property. * Challenges in obtaining relevant, comprehensive and timely information to accurately determine arm’s length prices for intellectual property transactions. * A lack of understanding the principle of economic substance and legislation in South Africa to define economic substance parameters. * In this mini-dissertation, these weaknesses are discussed in more detail to highlight to SARS the trials it faces when the exchange controls regulations are expelled. Various ways in which these flaws can be challenged head-on are also presented. / MCom (South African and International Tax), North-West University, Potchefstroom Campus, 2014

On 8 June 2012, National Treasury amended Regulation 10(1) (c) of the Exchange Control Regulations to specifically include intellectual property. In so doing, all companies wishing to dispace intellectual property to an offshore destination had to obtain prior approval from National Treasury. However, National Treasury is reticent to grant permission to reassign these assets, as revenue from intellectual property is perceived to contribute vastly to the South African tax revenue. This amendment came into being shortly after the dismissal in the Oilwell case. This case, in essence, held that intellectual property is not capital for the purposes intended by National Treasury, and therefore no prior approval to assign it offshore is required from National Treasury. This dismissal led to a large outflow of intellectual property to tax favourable foreign locations. At the same time, it exposed transfer pricing risks that had previously gone unnoticed. Although these risks have once again been mitigated by the amendment to Regulation 10(1) (c), it does not mean that it is now a thing of the past, best left forgotten. The South African government intends to relax or abolish all exchange control regulations in the future. At present the exact date when this is to take place is not known. Once the exchange control regulations are abolished, the transfer pricing risks associated with intellectual property will once again come to the forefront and will lead to significant loss to South African tax revenue. The three main risks that became apparent during the period before the amendment to Regulation 10(1) (c) are the following: * Transfer pricing risk consisting of mainly: - A lack of a comparables database to enable tax administrators to determine an appropriate arm’s length price for intellectual property. - A lack of the relevant skills, experience and knowledge required to accurately assess transfer prices of intellectual property. * Challenges in obtaining relevant, comprehensive and timely information to accurately determine arm’s length prices for intellectual property transactions. * A lack of understanding the principle of economic substance and legislation in South Africa to define economic substance parameters. * In this mini-dissertation, these weaknesses are discussed in more detail to highlight to SARS the trials it faces when the exchange controls regulations are expelled. Various ways in which these flaws can be challenged head-on are also presented. / MCom (South African and International Tax), North-West University, Potchefstroom Campus, 2014

Little attention is paid to the civil remedies available when infringement of a trade mark or the right to goodwill occurs. Yet, for the owners of ~uch rights, these remedies are of much greater importance than theoretical considerations regarding the nature of the rights or what constitutes their infringement. This thesis analyses the civil remedies for trade mark infringement granted by the South African Trade Marks Act 194 of 1993. In the South African context, any consideration of civil remedies is rendered problematic by the attempted graft of English remedies onto a legal system with a different common-law background. It is, therefore, essential first to trace the English origin and application of these remedies, and then to determine whether each remedy is acceptable in terms of the South African common law. This is necessary, as our courts have previously rejected or adapted English remedies which were unknown to our common law but which Parliament introduced in legislation. The remedies of interdict (or injunction) in final and interlocutory form, compensatory damages, reasonable royalties, and delivery up are analysed from a substantive law and a procedural perspective. The procedural innovation of an inquiry as to damages is also considered. In respect of each remedy, (1) the English roots and development of the remedy are traced; (2) differences of approach in two other Commonwealth jurisdictions, Australia and Canada, are highlighted; (3) the development of the South African equivalent is detailed; and (4) suggestions for the future implementation of the remedy in South Africa are made. In the penultimate chapter, our common law and legislation (including the Constitution of the Republic of South Africa 108 of 1996 ) are measured against the requirements of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS). Recommendations for the effective utilization of each remedy in South Africa are then made. They include suggestions for legislative amendment in respect of delivery up and an inquiry as to damages, and the introduction of statutory damages as an further civil remedy. / Mercentile Law / LL. D. (Laws)