Intellectual Property Rights from Publicly Financed Research and
R 385
Films and Publications Act, 1996 (Act No. 65 of 1996)RulesEnforcement Committee Rules, 2022Schedule 1Part 3 : Enforcement Committee ProceduresAdditional Parties and Additional Cases20. Powers on receipt of an additional case |
| (1) | The Enforcement Committee may— |
| (a) | permit an additional case to be made; |
| (b) | dismiss an additional case; and |
| (c) | require an additional case to be dealt with separately from the case by the applicant against the respondent. |
| (2) | The matters to which the Enforcement Committee may have regard in deciding whether to exercise any of its powers under sub-rule 20 (1) of Schedule 1 include— |
| (a) | the connection between the additional case and the case made by the applicant against the respondent; |
| (b) | whether the additional case is seeking substantially the same remedy which some other party is claiming from it; and |
| (c) | whether the additional applicant wants the Enforcement Committee to decide any question connected with the subject matter of the proceedings— |
| (i) | not only between existing parties but also between existing parties and a person not already a party; or |
| (ii) | against an existing party not only in a capacity in which it is already a party but also in some further capacity. |
| (3) | Where the Enforcement Committee exercises any of its powers under sub-rule 20 (1) of Schedule 1, it may make further orders or give further directions as it thinks appropriate. |
