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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

Part C : NIPMO Dispute Panel Procedures

6. The Dispute Hearing

 

6.1 The Chairperson shall preside over all sittings of the Dispute Panel unless the Chairperson is unavailable for an indeterminate period of time in which case the Chairperson will appoint an alternative from the Dispute Panel members to preside for the particular Dispute hearing.

 

6.2 Unless the IPR Act or any other relevant legislation precludes the Dispute Panel from doing so, the Dispute Panel may at its sitting—
6.2.1 give directions for the proper conduct of proceedings under these rules such as outlining the manner and procedure in which the hearing will unfold;
6.2.2 on good cause shown or when the public interest so dictates, shorten or extend any period prescribed in these rules for doing anything; or
6.2.3 extend any period prescribed in these rules for doing anything on the occurrence of one or more of the circumstances set out in rule 12 herein.

 

6.3 All hearings before the Dispute Panel will typically go through the following stages—
6.3.1 Introductory remarks and a brief description of the matter by the Chairperson;
6.3.2 Opening statements by both Parties, with the Affected Recipient presenting first, to provide Dispute Panel participants with a clear overview of each Party's case;
6.3.3 Each Party must—
6.3.3.1 present its detailed factual background to the Dispute;
6.3.3.2 state the issue that it seeks the Dispute Panel to decide on;
6.3.3.3 cite the relevant rule of law or other relevant authority that the Dispute Panel must have regard to/and or the facts/research that support the commercial argument of the Affected Recipient;
6.3.3.4 demonstrate the applicability of such rule of law or other relevant authority to the issue before the Dispute Panel; and
6.3.3.5 make a closing statement comprising of its summarised submissions;
6.3.4 After NIPMO has finished stating its case, the Affected Recipient will be afforded an opportunity to present a response; and
6.3.5 the Dispute Hearing will then be adjourned for the Dispute Panel to analyse and evaluate the matter.

 

6.4 The Dispute Panel may, at any time during the Dispute Hearing, direct the Parties to deliver any outstanding documents, exhibits or other evidence as it deems necessary to enable the parties to discharge their respective burdens of proof.