IT in Manufacturing


Stepping carefully into the Fourth Industrial Revolution

April 2019 IT in Manufacturing

Rapid advances in technology and artificial intelligence in the mining industry raise issues like data protection, intellectual property ownership and legal liability. In the current absence of specific legislation to govern emerging technologies like artificial intelligence, businesses must continue to rely on existing laws and ensure that they enter into robust contracts.

Aalia Manie is an expert in technology related law and intellectual property.
Aalia Manie is an expert in technology related law and intellectual property.

In December, government invited the public to nominate candidates to serve on the Presidential Commission on the Fourth Industrial Revolution (4IR). This development should be of interest to the mining industry, where artificial intelligence, big data and technology are rapidly converging in various ways.

Need for regulation

The 4IR is creating a need for regulation on issues such as unemployment, intellectual property (IP), data privacy and security, and liability for defects and loss of control.

The commission, announced in President Cyril Ramaphosa’s state of the nation address earlier in the year, will identify what strategies, policies and plans SA should put in place to position itself as a leading country in the technology revolution. However, these regulations have yet to be drafted and their nature and scope is not yet known.

In the mining sector, some companies are using digital twinning, a virtual reality environment that mirrors the mining environment and is used for training employees on potential risks in the workplace. They are increasingly investing in autonomous vehicles and equipment. There are also intelligent data analytics systems enabling valuable analysis of data, which are collected using the internet of things (IoT) technology. For example, the latest mining equipment can be fitted with sensors that generate messages about breakdowns or safety issues. With better data, capital and labour can both be optimised, allowing for better decision-making.

Artificial intelligence legislation

Artificial intelligence is being deployed in a number of other industries too. Yet at present there is very little specific legislation, either in South Africa or anywhere else, to manage its effects. For companies wishing to access the latest emerging technologies, there are key issues that need to be addressed, no matter what business model is used.

When using or licensing technology systems or services owned by a third party, companies must be particularly cautious when they become reliant on that third-party’s system or services in order to operate. Where the third-party technology is integral to ensure effective or ongoing operations, companies must protect their interests through careful contracting around issues such as scope of use, termination rights, service levels, liability for loss of access or defective service delivery and insolvency of the third party.

Contractual negotiation also presents challenges. When the technology owner is aware of the company’s reliance on the system, it has greater bargaining power in setting pricing and terms.

Be aware of the implications of IP ownership

Companies can also access or develop technology through commercial partnerships and joint ventures. A critical issue from an intellectual property perspective is ensuring clarity on ownership of jointly developed intellectual property and databases, and who owns and/or may use them if the relationship terminates – which may be particularly problematic if the termination happens on acrimonious terms.

A third way of procuring technology is through acquiring or ownership of the IP in the technology, which gives rise to typical merger and acquisition issues such as the necessity for a due diligence to confirm the rights of the seller in relation to the technology. Companies can also build new technology by developing it in-house or with an academic institution, as some mining companies are already doing. Companies using university facilities for research and development must be aware of the IP implications of engaging in publicly funded research and development through academic institutions, which are governed by the Intellectual Property from Publicly Funded Research and Development Act (IPR) Act.

Align with global best practice

The technology evolution is exciting, but it also presents challenges which must be carefully considered and addressed as part of effective business planning and strategy.

Whatever approach SA takes towards regulating artificial intelligence and emerging technologies, it should align itself as closely as possible with global best practice to ensure uniformity. SA has to remain competitive as a jurisdiction for technology investment, research and development.

For more information contact Nadine van Tonder, Teresa Settas Communications, +27 11 894 2767, [email protected], www.tscommunications.co.za





Share this article:
Share via emailShare via LinkedInPrint this page

Further reading:

Transforming pulp and paper with automation and digitalisation
ABB South Africa IT in Manufacturing
The pulp and paper industry in South Africa is undergoing a significant transformation from traditional manual processes to embracing automation technologies. Automation in pulp and paper mills aims to improve various production stages, from raw material preparation to final product creation.

Read more...
New world of process control: A completely web-based process control system
Siemens South Africa IT in Manufacturing
Control technology is crucial for gaining a competitive edge in the process industry. That’s why there’s SIMATIC PCS neo - the innovative ground-breaking process control system by Siemens.

Read more...
Protecting industrial networks with resilient defence
RJ Connect IT in Manufacturing
Network security is no longer just about preventing hacking or data breaches. For operational technology networks, resilient defence and consistent uptime are crucial. They are the core tenets that underpin Moxa’s guarded uptime and resilient defence (GUARD).

Read more...
The metaverse is now: are you ready to reimagine your business?
IT in Manufacturing
The convergence of the digital and physical worlds, driven by spatial computing and the metaverse, is rapidly reshaping business landscapes. This transformation extends beyond the mere novelty of virtual reality headsets and augmented reality filters, signalling a fundamental shift in how organisations operate, collaborate and innovate.

Read more...
AI and cyber security: South Africa’s next battleground
IT in Manufacturing
Artificial intelligence is rapidly becoming a double-edged sword in the world of cybersecurity. In South Africa, where cybercrime is on the rise, AI presents both an opportunity and a threat.Artificial intelligence is rapidly becoming a double-edged sword in the world of cybersecurity. In South Africa, where cybercrime is on the rise, AI presents both an opportunity and a threat.

Read more...
Technology won’t save your business from cyber threats
IT in Manufacturing
Artificial Intelligence is reshaping the landscape of information security, presenting both unprecedented opportunities and significant new threats.

Read more...
Addressing the cooling needs of the modern data centre
Schneider Electric South Africa IT in Manufacturing
The rise in hardware density in data centres is gaining speed and is largely driven by the demands of artificial intelligence and machine learning, requiring more powerful servers and specialised hardware.

Read more...
South Africa’s next cyber security frontier
IT in Manufacturing
AI-powered agents are rapidly transforming how South African businesses operate, from chatbots managing customer inquiries to automated systems processing financial transactions. While these AI-driven assistants increase efficiency and reduce operational costs, they also present a new, and often underestimated, cybersecurity challenge: identity management.

Read more...
Bombardier expands adoption of Siemens Xcelerator for aircraft developmen
Siemens South Africa IT in Manufacturing
Bombardier has expanded its adoption of the Siemens Xcelerator portfolio of industry software for aircraft development.

Read more...
The DeepSeek effect: navigating AI’s new frontier
IT in Manufacturing
DeepSeek has emerged as a game-changer in artificial intelligence, offering a robust platform redefining how businesses approach AI integration. This change is especially important since it opens up AI to a wider range of organisations, including small and medium-sized enterprises that could have previously been priced out of the market.

Read more...