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Table 3.7 Legislation on intellectual property rights, 2015
Subject and main legislation Coverage Duration Selected exclusions and limitations
Patents
Patents Act (Act No. 57 of 1978) as amended in 2005 A patent may be granted for any new (1) invention which involves an inventive step (2) and which is capable of being used or applied (3) in trade or industry or agriculture 20 years from the date of application, subject to payment of the prescribed renewal fees.
Patent takes effect from the date of publication. The following are not patentable inventions: a scientific theory; a mathematical method; a literary, dramatic, musical or artistic work or any other aesthetic creation; a scheme, rule or method for performing a mental act, playing a game or doing business; a program for a computer; the presentation of information; an invention or exploitation which encourages offensive or immoral behaviour; and any variety of animal or plant or any essentially biological process for the production of animals or plants, not being a microbiological process or the product of such a process.

Nuclear Energy Act (Act No. 131 of 1993) Patenting of inventions in respect of nuclear material, restricted material, nuclear energy and nuclear related equipment and material
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South Africa's wine industry is currently challenged by the impact of a decision by UK retailers to import South African wine in bulk, and bottle it in the UK, for environmental reasons. The decision is likely to affect the development of other related industries such as the glass bottle industry. Exports of wine in bulk increased by 43.9% and exports of packaged natural wine decreased by 8.7% for the period 2011 to 2012.

The National Forest Advisory Council (NFAC) advises the Minister of Agriculture, Forestry and Fisheries on all aspects of forestry in the country. It is also involved in developing local criteria, indicators and standards for sustainable forest management. South African Forestry Company Limited (Safcol) is the Government's forestry company, conducting timber harvesting, timber processing and related activities, both domestically and internationally

Protected trees may not be cut; damaged, destroyed or possessed; collected; removed; transported; exported; purchased; sold; donated or in any other way acquired or disposed of except under a licence granted by the Minister or in terms of an exemption. In accordance with the National Forests Act of 1998, all natural forests are protected.

Restrictions are also in place in the sector in terms of total allowable catch (TAC), i.e. total volumes of the resource (i.e. a particular fish category) that may be harvested in a particular season; total allowable effort (TAE), which refers to the number of fishing days allowed in a given season for a specific fish category; and restrictions on the vessel type to be used (i.e. engine capacity, etc.) and the number of vessels/trawlers allowed for each fish category. The TAC is determined following scientific and environmental studies into the sustainability of each fish category, and may fluctuate from year to year depending on scientific recommendations.

South Africa's fisheries policy seeks to maximize the social and economic potential of the industry while protecting the integrity and quality of the country's marine and coastal ecosystems. The industry is regulated by the Marine Living Resource Act of 1998 (MLRA). Under the MLRA, DAFF regulates the industry by issuing fishing rights for each fish sector for commercial, subsistence and recreational fishing in South African waters. DAFF allocates separate fishing rights to each operator. A fishing right is granted to a person or entity and may not be transferred without the approval of the Minister.

A Small-Scale Fisheries Policy was adopted in 2012 to address imbalances of the past and ensure that small-scale fishers are accommodated and properly managed. Under the policy, fishing rights will be allocated on a group basis, rather than on an individual basis. The policy further aims to support investment in community entities to take joint responsibility for sustainably managing the fisheries resources and to address the depletion of critical fisheries stocks.

Table 3.5 State-owned enterprises, 2015
SOE: Pebble Bed Modular Reactor (Pty) Ltd. (PBMR)a
Activity:"Nuclear power generation
Share owned by the State (%): 64

The Department of Minerals and Energy has embarked on a 2015-20 Strategic Plan aimed at promoting energy security through reliable, clean, and affordable sources, universal access to energy sources, and transformation of the energy sector, as well as developing a national coal policy with regulations that will include a strategy to secure coal supply and which will have been aligned with the Mining Beneficiation Action Plan by July 2016.

Around 84% of South African households are electrified. Under the Integrated National Electrification Programme (INEP), the authorities pursue the objective of universal access to electricity by 2025. About 85% of South Africa's installed electricity capacity derives from coal-fired power stations, 10% from hydroelectric plants, 4% from a nuclear power plant, and 1% from non-hydro renewable energy. South Africa plans to diversify its electricity generation mix. In an effort to reduce dependence on coal and improve energy security, the Government adopted a 20 year Integrated Resource Plan (IRP) in 2010, as part of the economy-wide National Development Plan (NDP). In addition, the authorities strive to expand South Africa's renewable electricity capacity through its Renewable Independent Power Producer (IPP) Procurement Programme.