Pitfalls and the Opportunities of Commercialising and Managing Co-Created Intellectual Property

Madelein Kleyn, Director Technology Transfer, Innovus, Stellenbosch University and CEO, Mad K IP

Intellectual property rights bestow certain rights upon the creator thereof. In particular the right of ownership. In compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) minimum standards are set which allow Members to provide more extensive protection of intellectual property if they so wish. Members are left free to determine the appropriate method of implementing the provisions of TRIPS within their own legal system and practice. In the context of most countries’ intellectual property laws, the rights of an inventor to a patent remain with the inventor, in the case of copyright works, ownership resides with the author/creator until ownership is assigned, or transferred by way of a written instrument to another . The moral rights of a copyright creator cannot be assigned, as these rights are personal.

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USA Intellectual Property Agriculture August 2020 Vol.13, No. 52, Summer 2020

Madelein Kleyn

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Madelein Kleyn is a chemical engineer, an admitted attorney and a registered patent attorney in South Africa. She holds a PhD in intellectual property. She served as in-house corporate patent counsel for South African based international petrochemical company Sasol Group Services for 16 years and thereafter as General Manager – Legal and Intellectual Property for the boutique international agriculture company Oro Agri International Ltd for 12 years where she was responsible for the protection and enhancement of the company’s sustainable competitive advantage through strategic IP management and oversees general legal governance and compliance. She is based in the R&D head office in South Africa. She is presently Director, Technology Transfer of Innovus and also the CEO of the corporation Mad IP Consultng (Pty) Ltd. Dr Kleyn tutors part time for the World Intellectual Property Organisation e-learning programme on IP management; lectures on patent attorney practice to candidate patent attorneys in South Africa; and is appointed as research associate and fellow of the Anton Mostert Chair of Intellectual Property, University of Stellenbosch Faculty of Law an appointment recognizing proven specialised expertise. She moderates and teaches the patent and design module of the Anton Mostert Chair of IP LLM (intellectual property) course at Stellenbosch University. She publishes and presents papers at various fora internationally. Dr Kleyn’s main areas of expertise include IP strategy development and implementation, M&A transactions, IP portfolio management (including prosecution of patents and trademarks), and patent and trademark opposition matters. She regularly advises on corporate governance and IP risk management and specialises in drafting and advising on IP-related business transactions, including technology transfer and licensing. Dr Kleyn has authored and presented various articles, papers and publications on IP matters internationally. She is the co-editor of the journal “International Pharmaceutical Law” published by LexisNexis of which she co-authors the South African Chapter. She is a member of American Chemical Society, INTA, LESI, LES SA (President) and SAIIPL.

Mad K IP

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Innovus Innovus is the university industry interaction and innovation company of Stellenbosch University. Innovus is responsible for technology transfer, entrepreneurial support and development, and innovation at the university. We manage the commercialisation of the University’s innovation and intellectual property portfolio through patenting, licensing and the formation of spin-out companies. www. /www.innovus.co.za/ Mad K IP Consulting (Pty) Ltd is a private business that assists clients with IP Strategy development and assisting with commercialisation of IP. www.mad-ip.com

USA Intellectual Property Agriculture August 2020 Vol.13, No. 52, Summer 2020
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