Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Rules Regulating the Functioning of the National Consumer Commission in Terms of The Consumer Protection Act, 2008 (No.68 of 2008)Part 5 : Exemptions17. Procedures relating to exemption applications |
| 1) | Upon receiving a request for an advice from the Minister regarding an application for exemption in terms of section 5(3), the Commission, may— |
| a) | if the application is incomplete, advise the applicant of any further information required before the application will be considered; or |
| b) | if the application is not specific enough with respect to the industry or sub-industries to which the exemption would be applicable, require the applicant to more specifically state the exemption sought before the application will be considered. |
| 2) | If the applicant— |
| a) | does not respond to the Commission within 20 business days after being served with a request for information in terms of paragraph (a) of sub-rule (1), the application will be deemed to have been abandoned by the applicant; or |
| b) | responds to the Commission, but does not, to the satisfaction of the Commission, meet the information requirements requested in terms of paragraph (a) of sub-rule (1), the Commission may again stipulate any further information, or clarification, required before the application will be considered, and the provisions of this sub-rule (2) (a) apply to such request. |
| 3) | If an application is deemed to have been abandoned in terms of sub-rule (2), the Commission may close its file on that application without making a decision. |
| 4) | Within a reasonable time after being furnished with the necessary information, the Commission must advise the Minister in accordance with the provision of section 5(4) of the Act. |
