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Intellectual Property Rights from Publicly Financed Research and Development Act, 2008 (Act No. 51 of 2008)

Rules

NIPMO Dispute Panel Rules of Procedure

Preamble

 

WHEREAS section 33(1) of the Constitution guarantees everyone a right to administrative action that is lawful, reasonable and procedurally fair;

 

AND WHEREAS regulation 7 of the IPR Regulations establishes the Dispute Panel for the purpose of hearing and determining all disputes relating to administrative decisions taken by NIPMO in terms of the IPR Act;

 

AND WHEREAS regulation 7 requires, amongst other things, that the Dispute Panel must apply the principles of fairness, justice and reasonableness when it makes its decisions on disputes referred to it;

 

NOW NIPMO publishes the following rules of procedure, as established by the Dispute Panel, to guide the Dispute Panel in:

• Hearing and determining disputes relating to the administrative decisions of NIPMO;
• Giving effect to all parties rights to lawful, reasonable and procedurally fair administration action;
• Reviewing arguments and evidence set forth by all parties to the dispute; and
• Issuing its rulings on each matter based on its own interpretation of the IPR Act and its Regulations.