| (1) | Subject to the provisions of subsections (5) and (6) the rights in all discoveries and inventions and in all improvements in respect of processes, apparatus and machinery made by— |
| (a) | employees of the ARC or officers and employees in the public service who have been placed at the disposal of the ARC under section 19(1)(c); |
| (b) | persons assisting the ARC with any investigation or research; or |
| (c) | persons to whom bursaries or grants-in-aid have been granted by the ARC, |
shall vest in the ARC.
| (2) | The ARC may make the discoveries, inventions and improvements referred to in subsection (1) available for use in the public interest subject to such conditions and the payment of such fees or royalties as the ARC may determine. |
| (3) | If the rights in any discovery, invention or improvement are vested in the ARC in terms of subsection (1), the Council may award to the person responsible for the discovery, invention or improvement such bonus as it deems fit, or make provision for financial participation by such person in the profits derived from the discovery, invention or improvement to such extent as the Minister may determine with the concurrence of the Minister of Finance. |
| (4) | The ARC may apply for a patent in respect of any discovery, invention or improvement referred to in subsection (1), and shall for the purposes of the Patents Act, 1978 (Act No. 57 of 1978), and the Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976), be regarded as the assignee of the discoverer or inventor in question. |
| (5) | Unless it is otherwise agreed, the rights in respect of any discovery, invention or improvement made by the ARC in the course of an investigation for or on behalf of another person, institution, government or administration shall vest in the ARC. |
| (6) | The provisions of this section shall not apply in respect of any discovery, invention or improvement referred to in subsection (1) which, in the opinion of the Minister, was made by the person concerned other than— |
| (a) | in the course of his employment as an employee of the ARC; |
| (b) | during the performance of functions in respect of which he has been placed at the disposal of the ARC in terms of section 19(1)(c); |
| (c) | in the course of any investigation or research while assisting the ARC; or |
| (d) | in the course of any research in respect of which he receives a bursary or grant-in-aid from the ARC, |
and which is not connected with such employment, investigation or research.
