Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 6 : Enforcement of ActPart B : Powers in support of investigation106. Claims that information is confidential |
| 1) | When submitting information to the Commission, the Tribunal, or an inspector or investigator appointed in terms of this Act, a person may claim that all or part of that information is confidential. |
| 2) | Any claim contemplated in subsection (1) must be supported by a written statement explaining why the information is confidential. |
| 3) | The Commission, Tribunal, inspector or investigator, as the case may be, must— |
| a) | consider any claim made in terms of subsection (1); and |
| b) | notify the claimant whether or not the information contemplated in subsection (1) will be treated as if it had been determined to be confidential. |
| 4) | When making any ruling, decision or order in terms of this Act, the Commission or Tribunal may take into account any information that has been the subject of a claim in terms of subsection (1). |
| 5) | If any reasons for a decision in terms of this Act would reveal any information that has been the subject of a claim in terms of subsection (1), the Commission or Tribunal, as the case may be, must provide a copy of the proposed reasons to the party claiming confidentiality at least five business days before publishing those reasons. |
| 6) | Within five business days after receiving a notice in terms of subsection (3)(b), or a copy of proposed reasons in terms of subsection (5), a party may apply to a court for an appropriate order to protect the confidentiality of the relevant information. |
