Trade Marks Act, 1993
R 385
Competition Act, 1998 (Act No. 89 of 1998)RegulationsRegulations on Non-Binding Advisory Opinions, 202416. Outcome of request for Advisory Opinion |
Upon receipt of a request for a non-binding advisory opinion, the Commission may, in its reasonable discretion:
| 16.1 | issue a non-binding advisory opinion to the requesting party within thirty (30) business days after receiving the request, and in the event that the matter is more complex, the period may be extended for a further period not exceeding thirty (30) business days; |
| 16.2 | inform the requesting party in writing within a reasonable time after receiving the request that it declines to issue a non-binding advisory opinion and thereafter without delay refund the fee paid by the requesting party, if it appears from the facts that the issues set out in the request for a non-binding advisory opinion do not fall within its jurisdiction or the issuing of a non-binding advisory opinion is likely to undermine the objectives of the Act; or |
| 16.3 | inform the requesting party in writing within a reasonable time after receiving the request that it has determined, in the exercise of its reasonable discretion, that the issues set out in the request for a non-binding advisory opinion should be dealt with in an investigation or any other appropriate process in terms of the Act, as indicated by the Commission, and thereafter refund without delay the fee paid by the requesting party. |
