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

Regulations

Intellectual Property Rights from Publicly Financed Research and Development Regulations, 2009

5. Operations of NIPMO

 

(1) NIPMO must keep an updated register of all institutions to which the Act applies in accordance with section 3(2) of the Act.

 

(2) NIPMO must keep a record of all intellectual property referred to it by recipients in terms of section 5(1)(e) of the Act or reported to it by recipients in terms of section 5(1)(h) of the Act.

 

(3) NIPMO must within 7 days of receipt of any application or referral made to it in terms of the Act, furnish the recipient with a written acknowledgement thereof.

 

(4) NIPMO must, within 60 days, consider and furnish a recipient with a written response of its decision in respect of any application or referral.

 

(5) Following an exercise by NIPMO of any discretionary power vested in NIPMO in terms of the Act or these regulations, the outcomes of which adversely affect the rights of a recipient, a recipient must, if the recipient intends to make representations on the matter, within 14 days of notification of a decision by NIPMO, lodge with NIPMO a notice of intention to be heard in Form IP2.

 

(6) Upon receipt from a recipient of the notice of intention to be heard, NIPMO must furnish the recipient with dates, times and place where such hearing could take place and the recipient must, within 7 days respond to NIPMO with a suitable date and time from the options provided by NIPMO.

 

(7) Any hearing in terms of this regulation must take place within 30 days of receipt by NIPMO of the notice of intention to be heard.

 

(8) After such hearing, should NIPMO not reverse its decision, the affected recipient may within 14 days of NIPMO's decision, lodge a notice in Form IP3 with the Dispute Panel for review or appeal of NIPMO's decision.