Chairperson, hon members, the Intellectual Property Rights from Publicly Financed Research and Development Bill is an important development in our country's ongoing efforts to address the challenges presented by what we call "the innovation chasm". This chasm refers to the apparent gap between the local knowledge base and the extent to which this knowledge is effectively translated into commercialisable products and services within our own borders.
Over the past 15 years, our universities and science councils filed fewer than 5% of all patent applications made by South Africans. Further analysis shows that a number of patents emanating from South African institutions have since been sold to foreign companies and have typically been commercialised offshore, with very little benefit accruing to the people of our country. Our own assessment of this has revealed that such intellectual property losses are mostly due to a lack of clarity on how intellectual property, specifically that which is developed with public funds, should be managed and commercialised. Given this background, the 2007 Organisation for Economic Co-operation and Development Review of South Africa's National System of Innovation has reiterated the need for South Africa to regulate the manner in which intellectual property emanating from public funds may be disposed of.
From the outset, it is important that we recognise intellectual property as an instrument for economic growth and improvement of the quality of life of all our citizens. It is therefore essential that we not only encourage the development of South African intellectual property by providing public funding, but that we also manage such intellectual property to the full benefit of all the people of the Republic.
Hon members, as you will recall, in the 2002 National Research and Development Strategy, we proposed that South Africa's approach to intellectual property management should: Draw on enabling frameworks of global best practice, not place South African institutions at a disadvantage relative to international practice; create a context for benefit sharing by investors and innovators; require an obligation to protect intellectual property emanating from publicly financed research and development; establish the right of the state to acquire the right to use such intellectual property in the public interest; establish an acceptable framework for the disposal of intellectual property rights, including the conditions under which the rights can be acquired internationally; and provide for the establishment of an intellectual property fund that will fund patenting costs where this is in the national interest.
I am therefore honoured to present to you today the Intellectual Property Rights Bill which has all of these attributes and will not only provide an enabling environment for intellectual property creation, protection and management, but will also support the commercialisation of intellectual property by providing greater clarity on the ownership of intellectual property generated through publicly financed research.
In fact, it is the specific objective of the legislation that intellectual property that emanates from publicly financed research and development should be commercialised for the benefit of our people, and should be available to South Africans and protected from appropriation. Where this condition is not met, the legislation provides for a mechanism for the state to address this.
Through the proposed intellectual property rights legislation, we hope to provide a framework for the establishment of capacity to ensure that South African institutions are better able to identify, protect and commercialise intellectual property arising from research conducted at those institutions. These interventions will be supported and guided by the National Intellectual Property Management Office, which is to be established in order to implement the objectives of this legislation.
Hon members, we have travelled a long and fruitful road towards this end. During 2006, the policy framework on intellectual property rights from publicly financed research was developed through a rigorous consultative process with all role-players. The aim was to meet the obvious need for a proper policy framework, which is an enabling legislative environment for the effective management of intellectual property that emanates from publicly financed research. The first draft of the Bill, which was approved for public consultation by Cabinet in May 2007, was informed by this policy framework.
Following the publication of the first draft of the Bill in June 2007, extensive work has gone into reviewing the numerous public comments received, revising the Bill and testing its various provisions against international best practice and the attributes set out in the national research and development strategy.
An international review panel, comprising of experts from South Africa, India, Canada and the USA, provided further inputs that resulted in the refinement of the Bill in line with global experiences and best practices.
Then, in June 2008, Cabinet approved the amended Bill. On 29 and 30 July 2008, the Portfolio Committee on Science and Technology, in conjunction with the Select Committee on Education and Recreation, held its first round of public hearings on the Intellectual Property Rights Bill. I understand the rich and rigorous engagements with role-players from industry, universities and science councils, during these hearings, further demonstrated the urgent need for legislation of this nature in South Africa. The hearings also revealed that, over the years, South Africa has missed out on golden opportunities to create new industries that could have created sustainable jobs from the commercialisation of intellectual property emanating from publicly financed research and development, because some of our researchers and scientists acted selfishly and allowed valuable intellectual property to leave the country.
Hon members, global competitiveness today is ultimately determined by the extent to which knowledge generation is harnessed as part of a concerted national effort for further development and economic growth.
Our ability to create and subsequently derive enduring benefit from our national knowledge base is dependent on the extent to which we can effectively translate our publicly funded research and development into innovative products and services that can be commercialised for the benefit of all South Africans. This will require of us to support our knowledge generating institutions to enable them to develop sufficient capacity for the effective identification, protection and commercialisation of the knowledge generated by the researchers through public funding.
It is this context that the Intellectual Property Rights Bill was drafted. The Bill is intended to support higher education and other research institutions by clarifying the roles and responsibilities of various players in respect of the management of publicly financed intellectual property.
Furthermore, it is the specific intent of the Bill to ensure that the state has a right to use intellectual property emanating from publicly financed research and development in the public interest, including health care. To entrench the rights of the state in this regard, appropriate walk-in rights have been included in the Bill for noncommercialisation of intellectual property and, where appropriate, grant third-party rights to commercialise the intellectual property in the public interest. Hon members, Chairperson, I commend this Bill to the House.
Chairperson, hon members, today we are here to discuss a Bill that was conceived by the Department of Science and Technology some 15 years ago.
This Bill is called, in the short title of the Bill, the Intellectual Property Rights from Publicly Financed Research and Development Bill of 2002. This Bill seeks to provide for the effective utilisation of intellectual property.
A child who was conceived 15 years ago would be on the verge of completing his/her Grade 9 today. This Bill is a new-born baby that is delivered today. The department underwent strenuous labour pains to make sure that this new-born baby is nurtured and ready to be implemented by the department. In comparing this Bill to a 15-year-old child, I was not complaining. I just wanted to elaborate on the efforts made by the department to compile such an accurate piece of legislation.
This was a complicated, but a straightforward Bill. The public hearings held by the portfolio committee assisted a great deal to understand the content of the Bill in its absolute simplicity.
I, therefore, want to thank those companies and institutions who participated in the public hearings. Without your contributions, relevant information would have been excluded from this Bill. Your quest for this Bill to become an Act of Parliament helped us to realise that you are not content just to be spectators, but rather wanted to be participants in assisting our government to grow the economy.
Since this Bill has undergone various stages, like consultation, benchmarking and learning about best practice from other countries, I have no doubt in my mind that the object of this Bill will be achieved without any hindrance.
The then government did not have adequate protection in place to protect intellectual property rights that were publicly financed. That was a loophole that led to the commercialisation and offshore selling of South African research information without any meaningful benefit to the South African population. This Bill will make sure that this will never happen again. The big question we have to ask is: How will ordinary people of South Africa benefit from this piece of legislation?
We were assured during the public hearings that this Bill will create jobs for the poor and also lead to true commercialisation, tax will be generated and that will mean that those taxes will be deposited into the tax and fiscal coffers. And also, it will mean that social development programmes will be achieved through this piece of legislation.
This Act also creates a space for broad-based black economic empowerment. This means that it is not an exception to other pieces of legislation where there is a call for each department to make sure that this policy of black economic empowerment is entrenched in order for those previously disadvantaged people to participate in the country's economy.
Another question asked by us as a portfolio committee is: How will the government achieve the objects of the Bill? By making sure that it incentivises intellectual property creators as people, which would make them more innovative in their research work. And, more importantly, the effective monitoring of the implementation of this Bill will make sure that the government achieves the objectives of the Bill.
What will the government receive in return? The government will make sure that it provides for preferential exclusives. Exclusive licences would be given to those intellectual creators who seek to use intellectual property in ways that provide optimal benefit to the economy and quality of life for the people of the Republic.
Terms of reference on how to go about this knowledge enrichment are clearly stipulated in the Bill. My learned colleagues will elaborate on this.
Although our institutions of higher learning have been doing research for quite some time, this Bill also encourages them to produce more innovative research skills, and in return their institutions will get more respect and also increase their integrity.
Knowledge is power. We, therefore, should be at the forefront of advocating knowledge to our researchers so that it would benefit the country and realise the betterment of our people. Amandla kuloo ndawo. [We support this view.]
Before my time ends, I want to support this Bill on behalf of all women in the Department of Science and Technology, in particular, Dr Mehlomakhulu, the deputy-director of the department, who is a woman by birth and a leader in her own right. [Time expired.] [Applause.]
Chairperson, for a moment I thought you were a new invention.
The Bill was initiated to address the need for the creation of a proper framework and enabling legislation for the more effective management of intellectual property arising from publicly financed research. This Bill opens doors for many South African researchers. I think it is most welcome.
The Department of Science and Technology advised us that there are significant leakages of intellectual property into overseas jurisdictions, and that government is unable to exercise any walk-in rights in the absence of this legislation. Therefore, I think we have now closed that door.
This, and cases of South African commercialised products which appeared under foreign patent registration on the international markets, necessitated the legislation and the DA will support the Bill. After all, Rooibos is as much South Africa's own as Sasol, and we must ensure that locally developed products are protected in this way, especially if they are researched by our own universities and institutions.
The Bill also brings South Africa's research and development institutions to the international arena where our researchers, the institutions and society stand to benefit from its labour. It will protect the rights of the inventors and the research institutions, and reward the public who fund these institutions through their taxes. After registering their patents, the institutions and the inventors stand to benefit financially for at least 40 years.
Against this backdrop, the thrust of the proposed legislation is to provide for more effective utilisation of intellectual property derived from these institutions. The Bill aims to establish the National Intellectual Property Management Office and the South African Intellectual Property Fund. In addition, the Bill provides for the establishment of offices of technology transfer at these institutions. All these are most welcome, Chair.
The Bill further makes provision for intellectual property development in this way to be utilised and commercialised for the benefit of society, as the Minister has explained, and ensures that human ingenuity and creativity are acknowledged and rewarded. Certainly, we need that on the African continent.
Furthermore, it will ensure that people in the Republic of South Africa, particularly small enterprises, have preferential access to opportunities arising from the production of knowledge from publicly financed research and development.
Finally, sir, the Bill will ensure that the researchers may publish their findings for the public good and also that the state may use the results of the research in the Republic of South Africa. In a globally competitive world it is vital that South Africa establishes the requisite institutions and legislation to ensure that the economic and social benefits that arise from our research are captured within the country.
Many nations have established legislation from the regulatory frameworks to ensure better practice and returns from intellectual property. Developing countries and emerging economies have taken action since the late 1990s. More recently, Brazil, South Korea and Japan, for instance, have modified their policies and approach. One only needs to look at countries like Taiwan and Singapore to see how such developments have improved their economies and their welfare.
These developments are intended to provide a basis for higher levels of patenting to result from publicly financed research for commercialisation or regulated use. The Intellectual Property Rights from the Publicly Financed Research and Development Bill are well-placed to meet this obligation and to build on South Africa's illustrious innovative record. I thank you.
Chairperson, I, without question and with pride, represent women in science in supporting this Bill on behalf of the IFP.
A winning country requires vibrant research and development. This Bill is another rung in the ladder that Science and Technology is building to lift South Africa onto a launch pad from which we can be projected into a successful orbit.
Intellectual property is undoubtedly one of most valuable mechanisms for advancing civilisation. However, there is always a conflict. On the one hand there is a person who creates a novel concept, benefiting therefrom; on the other there is the need for breakthrough ideas that will benefit society, being freely available to all. The human genome is an example of this. Knowledge held by our traditional leaders is another classic example. It is exploited by foreign drug companies who buy knowledge from individuals and commercialise it. Our traditional healers keep their knowledge secret because they don't see financial benefit through sharing it. As a result, valuable ideas are not commercialised.
To create a structure that is fair and embraces community knowledge, government funding, private funding, university initiatives, and individual creators requires a tricky balancing act. This Bill seeks to walk that tightrope. It is a new development and, understandably, some are anxious about the changes.
Universities are concerned that it will add a financial burden to them and to the Department of Science and Technology; also that frivolous patents will be filed and attempts to commercialise these will fail, with huge wastage of money. Small businesses are concerned that they must navigate an ever expanding bureaucracy. Researchers are concerned that international donors sometimes insist that there should be no personal commercial benefit from their funding. The private sector does not want to be left on its own to fund research, lodge intellectual property, and commercialise research.
Many of the mechanisms incorporated are based on systems in countries where research and development are well-funded and its agencies efficient. But, this initiative is important. If it is well-funded, universities are supported, and the patent office, the National Intellectual Property Management Office, Nipmo, does not get buried in piles of papers, it will help us to fly. Perhaps, in future, it may need fine-tuning, but we support the Bill. Thank you.
Chairperson, the question can correctly be asked: What does a lawyer know about science and technology? But, we as the ACDP will support this Bill as it seeks to achieve the more efficient utilisation of intellectual property, emanating from public-funded research and development institutions, as the title says.
It does this through the National Intellectual Property Management Office and the Intellectual Property Fund and allows for offices of technology transfer at state-funded institutions which are all very impressive and very necessary as it balances commercialisation with innovation, research and development and also determines the scope of rights of intellectual property creators to determine the nature, extent and principles according to which benefits can be shared between the intellectual property creators, the research institutions to which they are affiliated and the organs providing the funders.
During our research, if you excuse the pun, on this Bill, we found the report on the state of patenting by Mr Sibanda, who is a senior patent lawyer of the Innovation Fund, particularly informative. His report evaluated South Africa's performance in terms of intellectual property and highlighted the low rate of patenting in the public sphere. We, as the ACDP, trust that the lessons learnt in the private sector will, where it is applicable, be applied in the public sector to increase the rate of patenting as recommended in his report which, I understand, was well- received by the portfolio committee.
We, as the ACDP, are also pleased that the leakage of our patents overseas and that loss have been addressed in the Bill. Therefore, we, as the ACDP, are pleased to support this Bill. Thank you very much.
Sihlalo namalungu ahloniphekileyo, nabamele uMnyango Wezesayensi Nezobuchwepheshe, loMthetho ufike ngesikhathi esikahle lapho sigubha usuku lwamakhosikazi kuyo yonke le nyanga ka-Agasti, futhi uMnyango wenze ukuthi mhla zi-8 Agasti uhlomulise abesifazane ababambe iqhaza elikhulu kwezesayensi nezobuchwepheshe kanti kanjalo nePhalamende belibambe iPhalamende Labesifazane. Siyawuncoma-ke lo Mthetho ofike ngesikhathi esinjalo.
Okwesibili okudala ukuthi siwuncome lo Mthetho ukuthi kungekudala besikhuluma nge-TIA ekhuluma ngokukhuphula izinga lomnotho lapha eNingizimu Afrika. Njengoba-ke sesiqhamuka nalo Mthetho, kusho ukuthi izinga lomnotho lizokhuphuka hhayi kubantu abaphakeme kuphela kodwa nalabo abajwayekile bazotomula lapha kulo Mthetho. Kubalulekile-ke ukuthi uma lo Mthetho usuyoqeda unyaka kube sekwakhiwe amaziko afanele ukuthi abhekelele ukuthi abantu abenza ucwaningo ngemali evela embusweni balwenza ngendlela ezoba nembuyiselo embusweni.
Siyazi ukuthi umthetho udinga imali, ucwaningo ludinga imali ngokunjalo ingqondo nobucopho budinga imali, ngakho uMnyango ubeke imali engangezigidi ezi-R90 ukubhekelela izinto eziningi, ikakhulukazi ukwakha la maziko okade kukhulunywa ngawo ... (Translation of isiZulu paragraphs follows.)
[Ms B T NGCOBO: Chairperson, hon members and the officials of the Department of Science and Technology, I want to mention that this Bill came at the right time as we are celebrating Women's Month, which is August. Interestingly this department had a function on 8 August 2008 to award women who played a vital role in science and technology and Parliament also has just hosted the Women's Parliament. We appreciate the timing of this Bill.
Our second reason for supporting this Bill is that not so long ago we were talking about the Technology Innovation Agency, TIA, which is aimed at accelerating economic growth in South Africa. The passing of this Bill will further accelerate economic growth. This growth will not only be for a selected few or the rich, but ordinary people will also benefit from this Bill. It would therefore be important that within a year of the coming into effect of the Act, there are proper structures in place to monitor the people who are doing research through state funding and also to check whether they are conducting it in a way that will benefit the state.
We know that for the Bill to work, it needs money. The research too, needs money as well as the intellect and brain. And owing to all this, the department has put aside the sum of R90 million to fund major projects, such as the building of ...]
... the office of the transfer of technology and the National Intellectual Property Management Office, Nipmo.
Kuzovulwa amahhovisi ezobuchwepheshe esingawabiza ngokuthi ohluzingqondo. Kuwona lawo mahhovisi kuzobe kubhekisiswa ucwaningo olwenziwa ngabantu. Kuzobe kukhona ongoti abazobe bebheke yonke imikhakha ngoba bazobe befundiseke ngakho konke okuqondene nalo Mthethosivivinywa, ngakho-ke bazohluza ingqondo ngokuthi babhekelele ukuthi lolu cwaningo olwenziwe abantu besizwa amaziko abasebenza kuwo ngabe luzowuhlomulisa yini umbuso. Lokhu kuyophendula imibuzo efana nethi ngabe ukwenziwa kocwaningo kuzobasiza yini abantu? Ngabe ikhona yini indlela yokuthi ilungelo lobunnikazi bocwaningo livikeleke? Okokugcina, bazokwazi yini ukuthi ulwazi asebelutholile lukwazi ukuheha amazwe angaphandle ukuze kukhule umnotho uhlume ngoba phela sikhuluma ngokuhluma komnotho?
Kukhona-ke futhi leli hhovisi elibizwa nge-Nipmo elizobe lingaphansi koMnyango Wezesayensi Nezobuchwepheshe, lapho uNgqongqoshe ezokwenza ngokubona ngokwakhe ukuthi ajube noma yimuphi omunye uMnyango noma iziko noma olunye uhlaka oluzokwazi ukusebenza ngendlela okufanele lo Mthethosivivinywa ozofuna ukuthi lusebenze ngayo.
I-Nipmo-ke izobheka ngeso lokhozi ukubhekelela zonke lezi zinto uMthetho ofuna ukuthi zibhekeleleke. Okunye nje kwazo ukuthi konke lokhu okuvela ehhovisi lokwedlulisa ubuchwepheshe sekufika lapha kuleli hhovisi ngoba leli hhovisi sekungumphelandaba. Yonke into yenzeka kuleli hhovisi.
Kuleli hhovisi kuyavikeleka futhi kuyadayiseka. Konke kwenzeka lapha kuleli hhovisi futhi uyakwazi ukuthi ubhekelele labo bantu abangabacwaningi behambisana nalabo akade bebasiza ekucwaningeni ebebekwenza. Leli hhovisi liyokwenza ukuthi babhekelwe ukuthi-ke lowo nalowo uthola ilungelo lobunikazi bocwaningo. Kuyoqinisekiswa futhi ukuthi ucwaningo lwakhe luyowuheha umhlaba futhi sizozuza nathi siyiNingizimu Afrika ngaleso simo. Nokho, lapho kuba khona abantu abangaphatheki kahle okufuneka ukuthi mhlawumbe kube khona ubulungiswa kuzosebenza ... (Translation of isiZulu paragraphs follows.)
[Offices of technology transfer will be opened and they will be mind- openers. The research done by the people will be monitored by these offices. There will be experts who will be responsible for all the sections because they will be taught everything concerning this Bill. They will therefore monitor whether the research done by the people benefits the state. Questions such as whether the research conducted would benefit the state or not will be dealt with. It will also investigate whether such research will help the people. It will also look at the ways of protecting the rights of intellectual property. Lastly, these offices will determine if they are going to be able to use the information they have collected to attract foreign countries so as to grow the economy, because this is all about the economic growth.
There is also the National Intellectual Property Management Office, Nipmo office which will be established within the Department of Science and Technology. The Minister may assign its operation to any department, institution or any other structure which is involved in state-funded research and development that will correspond with this Bill's requirements. The Nipmo will watch attentively to see to it that everything that this Bill provides is realised. One of these is that everything that comes from the office of technology transfer is protected and commercialised when it gets to Nipmo because this office is the last stop. Everything is done in this office.
Everything is done in this office and you will be able to deal with those people who are recipients, together with the intellectual property creators, in the research. They must be catered for in a way that each one of them obtains statutory protection of intellectual property; and also that their research will attract the attention of the world and that South Africa will benefit from that situation. Besides, justice will be done where the treatment of the recipients had adverse effects in terms of ... ]
... the Promotion of Administration of Justice Act of 2000 ... ukuze-ke abantu bavikeleke lapho bengavikelekanga khona. Yini le eyenza ukuthi sithi lo Mthethosivivinywa ufike ngesikhathi esikahle? Ufike ngesikhathi esikahle ngoba laba bantu abenza ucwaningo banikezwa ubunikazi, kwathi ulwazi ebebekade belucwaninga lwaheha umhlaba lwadayiseka ngakho-ke kufanele ukuthi bahlomule-ke ngokwenkece.
Sivumelene-ke siyikomidi noMnyango kanye nalabo futhi ababekhona ezithangamini zomphakathi. Sangcweka kakhulu nokho ngokuthi bakhokheleka kanjani nokuthi kungani kufanele bakhokhelwe lesi samba abakhokhelwa sona. Kodwa-ke sagcina sivumelene-ke ukuthi okungenani kufuneka bathole amaphesenti angama-20 emalini ezongena ekuqaleni ngaphandle uma uNgqongqoshe engase afise ukuthi imali ikhuphuke. Kusemandleni akhe-ke lokho ukuthi ikhuphuke okungenani-ke kumaphesenti angama-20.
Imali izolokhu ingena iminyaka impela nje iminyakana ethe ukuba miningana kuze kufike leso sikhathi isivumelwano esithi ayifike kuso. Imali elandelayo okungenani amaphesenti angama-30 iyotholwa yilabo abangabaqambi bocwaningo oludayisekile noluhehe amazwe.
Sekuyothi-ke ekugcineni i-Nipmo njengoba le mali ilokhu ingena isiyobona-ke ukuthi kufanele kukhule umnotho, kuqhubeke kwenziwe ucwaniningo, kube khona ongoti nezigagayi ezizokhulisa umnotho wethu. Ukuze lokho kwenzeke-ke, kufuneka enye yemali engenayo ifakwe kulolu cwaningo kuthi enye ikhuphule amazinga ala mahhovisi esesiwabalile, bese kuthi enye ivikele amalungelo obunikazi bom buso ukuze-ke umthetho ukwazi ukusisiza.
Ngesikhathi sisekomidini, abanye ozwakwethu besilisa bathe bona ... (Translation of isiZulu paragraphs follows.)
[... so that people can be protected where they were not protected. Why do we say this Bill came at the right time? It came at the right time because these people who conduct research are granted ownership of intellectual property whilst the information they have been researching attract the world and is commercialised, therefore, they are entitled to be awarded with some revenues. We as a committee, the department and all those who were present in the public briefings agreed on many things. We also discussed in detail the ways these people are going to be paid and the reasons for paying them the stipulated amount. Thankfully, we finally agreed that they are entitled to at least about 20% of the revenues accruing to the institution for the first sum unless the Minister wishes to increase the amount. The Minister will therefore be empowered to increase the amount to exceed 20%.
The creators of intellectual property will be granted a specific portion for as long as revenues are derived from such intellectual property until the contract expires. In the following revenues at least 30% will be received by those who are the creators of intellectual property which attracted foreign countries and obtained commercialisation.
In the end Nipmo, as this money keeps on being generated, will see to it that the as economy grows, the research is continued, and there must be experts and activists who will accelerate our economy. However, for that to be achieved, it is required that some of the revenues generated be put into this research, and that some of it should be used to improve the standards of these offices we have already mentioned and some of it to protect the rights of state ownership so that the Bill can be able to assist us. During our committee session, some of our male colleagues said ...]
We are in agreement that women must debate it and women should co-operate. Thina-ke besifazane sithe ... [And we, as women said] ... no, we are not co- operating, we are being assertive. You are not in agreement and you are not co-operating. We are assertive and we are going to debate in our own right, not because you are agreeing that we must debate.
I-ANC iyawesekela lo Mthethosivivinywa. Ngiyabonga. [Ihlombe.] [The ANC supports this Bill. Thank you. [Applause.]]
Chairperson, on a point of order: In terms of Rule 25, and we are approaching that again now, it was mentioned by some of the other Whips, in particular the Deputy Chief Whip of the DA yesterday, we cannot take decisions on Bills if there is not a quorum in this House. And the quorum is a majority. Clearly, at the moment we are not even a third. We can't even take decisions in terms of questions. I'm rising, because this debate is still ongoing and I would suggest that maybe you should start ringing the bells, so that we can see if we can get a quorum to take decisions on Bills for the rest of the afternoon. Otherwise we are outside the Rules. Thank you.
Chairperson, really, at the moment we are deliberating. We are not taking a decision and the issue doesn't arise. Honestly, I would also like to hear from the official Opposition's Whips.
Hon, members, I would like to make a ruling here.
Chairperson, just to advise you, in the British Parliament a quorum is three. [Laughter.]
Hon members, currently we are not considering any question. We are debating, so we will continue with the debate. At the point when a question is put, we will check whether there is a quorum. Obviously if there is no quorum, then we will ring the bells for a few minutes and then see if we have a quorum. If we still don't have a quorum after that, obviously we will postpone, but for now it is still a debate, so we will proceed in that direction.
Chair, I wish to address you on a further matter. You see, this is becoming a constant refrain from the DA benches. The fact of the matter is that while this House is in sitting there are also committee meetings. Members are engaged in a number of other activities. They are constantly seeking to draw attention to the absence of members from the Chamber and they are doing it when their own benches are virtually empty. I think that is disgraceful and I don't think it is necessary.
Hon Andries Nel, thank you very much. I am no longer allowing any discussion on the matter. I have ruled on the issue. We will now continue with the debate.
Chairperson, thank you for ending that discussion.
Chairperson, not many of our people are aware of intellectual property or what it means, but at the World Economic Forum held recently it was established that Africa, as one of the poorest continents, may boost its economy by billions of dollars through export if the agricultural industry incorporates intellectual property as part of its business plans.
South Africa is a country that is rich in so many unique talents and, certainly, we should tap into them to assist in the fight against poverty. [Interjections.] I'm talking; you keep quiet. This will be catered for in terms of the intellectual property legislation, but what we need to look at is how effective have we been in identifying intellectual property in rural South Africa.
If it is true that intellectual property can be this great poverty alleviator, should we not then explore every avenue, especially in our rural areas, in this regard? It is evident that both the public and private sectors have been key role- players. And it is important that we ensure that women and the physically challenged may also be represented in this sector.
The establishment of the National Intellectual Property Management Office, Nipmo, is beneficial to the management and the recording of intellectual property. We, however, have to give the assurance that it remains liable and answerable to a greater authority so that we may secure its effective and efficient function.
It is a very special month in which we celebrate all our women. It is important that we take the initiative to take forward our fight and ensure that women are given equal opportunities, to be granted the assistance to establish themselves in all sectors and forums.
The value and contributions of all women need to be realised. When we look at our academics and researchers, women have made an astounding contribution and I believe we may make such a contribution in this faculty too. The MF supports the Intellectual Property Rights from Publicly Financed Research and Development Bill.
Chairperson, if hon Koos van der Merwe had patented his name many years ago he could have been enjoying lot of royalties today.
This debate takes place during the very important month of August, the month of women. Let me also join in the salutations of those heroic struggles of our mothers and sisters for gender equality in society and for the total emancipation of women around the globe.
On Friday, 8 August 2008, we attended a very impressive award ceremony organised by the Department of Science and Technology and its partners in recognition of the achievements of Women in Science. We congratulate all women scientists and those who won some awards and prizes during that time. Thanks go to hon Minister Mosibudi Mangena for his leadership in this process all the time.
Like with many other important pieces of legislation enacted through this Parliament, we conducted public hearings at the end of July 2008 relating to Intellectual Property Rights from Publicly Financed Research and Development Bill. This time we conducted joint public hearings with our colleagues in the NCOP and wish to thank them for their co-operation and leadership in this matter.
Our appreciation also goes to all organisations, institutions, individuals and especially the Department of Science and Technology for their support and dedication. They severally and collectively helped us to improve the Bill to be what it is today. I want to thank Dr Mjwara, Dr Mehlomakhulu, and Mr Sibanda for their leadership in this regard.
In the Bill itself, intellectual property is defined as:
... any creation of the mind that is capable of being protected by law from use by any other person, whether in terms of South African law or foreign law, and includes any rights in such creation, but excludes copyrighted works such as thesis, dissertation, article, handbook, or any other work, in the ordinary course of business, is associated with conventional academic work.
This is the most important piece of legislation in the evolution of our knowledge economy in our country, like you will recall, Comrade Nel. At first sight this Bill may seem to be of a very technical nature, however, patents arising from these processes are used successfully by the developed world for the advancement of their knowledge economies.
Over the years, patents have been powerful economic weapons in the arsenal of developed countries against each other, and particularly in their scramble to take control of developing countries' economies. Members will remember our fight as a country against the pharmaceutical companies in our quest to manufacture generic drugs for our people. The Germans have long appropriated pebble bed modular reactor technology. Using that technology as a country does require some intellectual property transactions with the Germans. Earlier on, there was a statement that suggested that South Africa is involved in discussions with the Intellectual Property Commission in the United States to try to get some licences in this regard.
Now, in our hand-over report we have also decided that, particularly on this matter of PBMR with regard to the next Parliament, we will recommend that the Portfolio Committee on Science and Technology, the Portfolio Committee on Minerals and Energy, and the Portfolio Committee on Public Enterprises must engage in serious oversight work related to this matter.
You can't, hon members, use the label of "Champagne" on any sparkling wines in South Africa because this is patented as a geographical indicator by the French. We also have to defend our geographic indicators, like Mr Blanch said, such as "Rooibos" tea. Hoodia, for instance, is patented - and I won't have to explain what it is because members know the properties of Hoodia - but we still have to check whether the San and the Namqua people benefit from the commercialisation of this indigenous knowledge. The same applies to the African potato.
During the public hearings, participants like Professor Julian Kinderlerer, Professor of Intellectual Property at the University of Cape Town, warned us against undermining the delicate balance between the imperatives of research work and that of commercial interest. He cited the example of Jonas Salk who invented the polio vaccine and refused to patent it, preferring that polio be eradicated largely. Prof Kinderlever went on to say that the primary point of research is to give information to the world. For example, Watson and Crick discover the structure of deoxyribonucleic acid, DNA, which was the most important discovery, from which all modern biotechnology and generics, including new designer drugs, have followed. The evolution of this research work and the ensuring debate culminated in a very important agreement between the United Kingdom and the United States of America in 2000. This clock is going very fast!
I just want to say that the Bayh-Dole Act passed in 1980 was the basis for this Act, and so on. But be warned about something here! Some years ago Comrade Khumalo and I visited Hong Kong, invited by the International Telecommunication Union to look into an exhibition on the information and communication technology sector in particular. I must confess that I came back with mixed feelings not only about impressive technology advancement in the information and communication technology sector, but also disappointed about the revelation that as a country we still have a long way to go. We must guard against our economy becoming a glorified spaza shop for some international supermarkets whilst we can also secure important benefits from global innovation. I wanted to say a lot about our marketing in South Africa and what the red book we were referred to says - Mr Sibanda would know what I'm talking about - but the level of patenting here in South Africa is really very low. This may be the reason why at least 50% of patent applications filed in South Africa emanate from abroad.
For South Africa to compete effectively in the knowledge economy, we need to strengthen our education system to respond to the challenges of high- level research and innovation. The ANC supports this Bill and would like to give thanks to all who helped us to make it what it is, including our secretaries. Thank you.
Thank you. Don't blame the clock.
Chairperson, I wish to thank all the hon members for their support of this very important Bill. As we all know, our country is richly endowed with minerals. For the most part, we dig lots of holes all over the country and take out the minerals and send them elsewhere. We are also blessed with biodiversity. By and large other people come and harvest it, produce advanced goods out of it and we buy them at higher prices.
We also have lots of clever people in our country and we hope that with the passing of this Bill, we will be able to combine this richness in intellectual power and in expertise with the riches that we have as a country and will therefore be able to develop better. We will bring together our muscles and our brains. That can only be wonderful. So, thank you, hon members. I also wish to thank Deputy Minister Derek Hanekom. This has been a very long road as far as this Bill is concerned and we travelled it together. The portfolio committee and the select committee really worked very hard at this and in the process of engagement we learned a lot and we were able to improve the Bill as we went along.
More than any other people, I would like to thank officials from the Department of Science and Technology. They really worked very hard and hon Derek and I really slept well at night because we knew that we had "baie goeie, skitterende mense wat werk" [outstanding, excellent people who worked] in the department.
We are not the only people who are proud of them; I think the people in the portfolio committee are also proud of them. They call them every now and then, not just to look at them because they are beautiful, but also to listen to what they have to say. Thank you very much, hon members. [Applause.]
Debate concluded.
Bill read a second time.