Cross Border Transfer or Licensing of Registered and/or Unregistered Intellectual Property – A South African Perspective
August 31, 2023
The Chemicals, Environment, Energy and Materials (CEEM) Committee of LES South Africa presents “Cross Border Transfer or Licensing of Registered and/or Unregistered Intellectual Property – A South African Perspective.”
This panel will focus on a selection of matters that involve two key issues: (i) exchange control requirements for cross border IP transactions & (ii) situations involving cross border IP licenses and will address issues such as:
- Whether South African Exchange Control approval is required for out-licensing of SA-owned IP under Regulation 10(1)(c)
- Whether a subscription for a software-implemented services (e.g. cloud-based SaaS) would be deemed to be an “IP licence” for which this approval is required
- Related party transactions – the introduction of transfer pricing considerations
- Loop structures; tainted IP; and sale-and-leaseback scenarios
- Lump sum royalties vs recurring royalty payments which model is “better”?
The panel will be directed at legal, technical and financial executives alike.
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