Statistics Act, 1999
R 385
Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act No. 51 of 2008)RulesNIPMO Dispute Panel Rules of ProcedurePart C : NIPMO Dispute Panel Procedures5. Process before the Dispute Hearing |
| 5.1 | Upon receipt of the Notice— |
| 5.1.1 | Within 3 days, the Secretariat for the Dispute Panel must provide the— |
| 5.1.1.1 | Affected Recipient with an electronic acknowledgement of receipt and provide the Affected Recipient with a list of all Dispute Panel members; |
| 5.1.1.2 | Notice to NIPMO; |
| 5.1.1.3 | Notice to the Chairperson of the Dispute Panel. |
| 5.1.2 | Within 5 days of receiving the Notice in terms of sub-rule (1)(a)(i), the Affected Recipient must inform the Secretariat whether any of the Dispute Panel members should be excluded from the Dispute Hearing and provide reasons for such exclusion; the Secretariat shall immediately send this list to the Chairperson of the Dispute Panel. |
| 5.1.3 | Within 5 days of receiving the Notice in terms of sub-rule (1)(a)(ii), NIPMO must— |
| 5.1.3.1 | file its response to the Secretariat and copy the Affected Recipient; |
| 5.1.3.2 | inform the Secretariat whether any of the Dispute Panel members should be excluded from the Dispute Hearing and provide reasons for such exclusion; the Secretariat shall immediately send this list to the Chairperson of the Dispute Panel. |
| 5.1.4 | Within 8 days the Chairperson must decide and confirm the selection of the Dispute Panel participants. In order to make this selection, the Chairperson may consult all Parties regarding the selection of the Dispute Panel members who shall hear the dispute and will, subject to regulation 7(6) of the IPR Act, take into account: |
| 5.1.4.1 | that all Dispute Panel members may participate; |
| 5.1.4.2 | whether a Dispute Panel member is, for any reason, unable to sit in a particular Dispute Hearing; |
| 5.1.4.3 | a request for exclusion of a Dispute Panel Member in terms of rules (5)(1)(b) or 5(1)(c)(ii); and |
| 5.1.4.4 | the expertise required to hear the dispute. |
| 5.1.5 | Within 5 days after the confirmed selection of Dispute Panel participants, and at least 30 days before the Dispute Hearing, the Secretariat must provide the Dispute Panel participants and the Parties with the Notice and NIPMO's response, appropriately paginated and in form requested (memory stick, courier, electronic mail). |
| 5.1.6 | Secretariat must bind the documents into a single pack and disseminate these together with the agenda to Dispute Panel participants and Parties no less than 7 days before the Dispute Hearing. |
| 5.2 | If the scheduled Dispute Hearing must be cancelled or postponed for any reason the Secretariat must— |
| 5.2.1 | be notified in writing of this at least 7 days before such hearing; |
| 5.2.2 | immediately extend the notification to the Chairperson, all Dispute Panel participants and Parties. |
