"administrative decision of NIPMO"

means the decision taken by NIPMO in the exercise of any of its powers or performance of its duties in terms of the IPR Act or IPR Regulations, and in considering what constitutes an administrative decision of NIPMO, regard must always be had to the definition of administrative action and definition of decision in section 1 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (PAJA), or any subsequent amendments thereto;

"Affected Recipient"

means a recipient as defined in section 1 of the IPR Act who feels aggrieved by the administrative decision taken by NIPMO against the recipient in terms of the IPR Act or IPR Regulations;

"Chairperson"

means the Chairperson appointed by the Minister from other members of the Dispute Panel in terms of regulation 7(5) of the IPR Regulations;

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

"days"

means the number of days reckoned in terms of section 4 of the Interpretation 1957 (Act No. 33 of 1957) or any subsequent amendments thereto;

"Dispute"

means a disagreement between an Affected Recipient and NIPMO over an administrative decision taken by NIPMO during the performance of its functions or exercise of its powers in terms of the IPR Act;

"Dispute Hearing"

means a sitting of the Dispute Panel participants to hear arguments by the Parties and make a determination on the administrative decision in Dispute;

"Dispute Panel"

means the panel established by the Minister in terms of regulation 7(1) of the IPR Regulations to hear and determine Disputes relating to administrative decisions of NIPMO;

"Dispute Panel members"

means all individual persons who, together with the Chairperson, have been appointed by the Minister to serve on the Dispute Panel with a collective membership of at least 5 but not more than 20 members as contemplated in regulation 7(3) of the IPR Regulations and from whom the Chairperson may select a minimum of three (3) to sit on a particular matter in strict accordance with regulation 7(6) of the IPR Regulations;

"Dispute Panel participants"

means those Dispute Panel members that will be present at the Dispute Hearing;

"IPR Act"

means the Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act No. 51 of 2008) or any subsequent amendments thereto;

"IPR Regulations"

means the Regulations issued by GNR675GG 33433 of 2 August 2010, under section 17 of the IPR Act;

"Minister"

means the Minister responsible for the Department of Science and Technology;

" NIPMO"

means the National Intellectual Property Management Office established by section 8 of the IPR Act;

"Notice"

means the notice of appeal or review against the administrative decision of NIPMO on prescribed Form IP3, appropriately authorised and accompanied by supporting documentation;

"Parties"

means an Affected Recipient as an appellant or applicant in the appeal or review proceedings before the Dispute Panel and NIPMO as a respondent in the same proceedings; and

"these rules"

means these Dispute Panel Rules of Procedure and includes the prescribed Form IP3 annexed hereto for use by Affected Recipients when lodging, with the Dispute Panel, an appeal against or the review of the administrative decision of NIPMO.