| (1) |
A case to the Enforcement Committee shall be made by filing a notice within 30 (thirty) days of the date upon which the respondent was notified of its non-compliance with any provision of the Act. |
| (2) |
The Enforcement Committee may not extend the time limit provided under sub-rule 9 (1) of Schedule 1 unless it is satisfied that the circumstances are exceptional. |
| (3) |
The notice shall state— |
| (a) |
the name and address of the applicant; |
| (b) |
the name and address of the applicant’s legal representative, if any; |
| (c) |
an address for service; |
| (d) |
the name and address of the respondent to the proceedings; and |
| (e) |
shall be signed and dated by the applicant, or on its behalf by its duly authorised officer or legal representative. |
(2) The notice shall contain—
| (a) |
a statement as to whether the case is in respect of the decision by the applicant relating to non-compliance with the applicable provisions of the Act; |
| (b) |
a concise statement of the relevant facts, identifying, where applicable, any relevant findings in the decision referred to in sub-rule 9 (2)(a); |
| (c) |
a summary of the non-compliance with the applicable provisions of the Act, identifying in particular— |
| (i) |
under which statutory provisions the case is brought; |
| (ii) |
to what extent the applicant contends that the Respondent has been non-compliant with any provisions of the Act; |
| (d) |
a succinct presentation of the arguments supporting each of the grounds of non-compliance; |
| (e) |
a concise statement of any contentions of law which are relied on; |
| (f) |
the relief sought by the applicant, including (where applicable)— |
| (i) |
an estimate of the amount claimed, supported by an explanation of how that amount has been calculated; |
| (ii) |
details of any other claim for a sum of money; |
| (iii) |
a statement that the claimant is making a claim for an injunction; and |
| (iv) |
such other matters as may be specified by practice direction; |
| (g) |
a schedule listing all the documents annexed to the notice; and |
| (h) |
a statement identifying the evidence (whether witness statements or other documents annexed to the notice) the substance of which, so far as the applicant is aware. |
| (3) |
There shall be annexed to the notice— |
| (a) |
a copy of the notice of contravention by the applicant; and |
| (b) |
as far as practicable, a copy of every document (or part of a document) on which the applicant relies, including the written statements of all witnesses of fact and expert witnesses, if any. |
| (4) |
Unless the Enforcement Committee otherwise directs, the signed original of the notice shall be accompanied by four copies of the notice and its annexes certified by the applicant or its legal representative as conforming to the original. |
| (5) |
Upon receipt of a notice contemplated in sub-rule 9 (1) of schedule 1 or a complaint, the Enforcement Committee may publish a notice in a manner it deems fit requesting members of the public to make written inputs and availability in terms of rule 32 of Schedule 1. |
Intellectual Property Rights from Publicly Financed Research and
