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

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

7. Dispute Panel

 

(1) The Minister must establish a Dispute Panel to hear and determine disputes relating to administrative decisions of NIPMO.

 

(2) The Dispute Panel is accountable to the Minister for its actions and must on an annual basis provide the Minister with a report detailing a summary of its activities and decisions.

 

(3) The Dispute Panel will consist of at least 5 but no more than 20 members with experience and expertise in areas relating to at least, intellectual property protection and management, commercialisation, dispute resolution and business.

 

(4) The Minister may review the composition of the Dispute Panel from time to time, by adding or removing any member of the Dispute Panel depending on skills required and identified.

 

(5) The Minister must appoint the Chairperson of the Dispute Panel from the members of the Dispute Panel.

 

(6) A sitting of the Dispute Panel for any matter will be made up of at least 3 members selected by the Chairperson of the Dispute Panel in consultation with the parties to the dispute.

 

(7) The Dispute Panel must establish its own rules of procedure which NIPMO must publish.

 

(8) The Dispute Panel must, in making its decisions, apply the principles of fairness, justice and reasonableness.

 

(9) Any decision of the Dispute Panel will be subject to appeal or review by a competent court at the instance of any aggrieved party.