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[ No. 18 of 2007
Plant Breeder s Rights
(a) one member, who shall be the chaitperson, shall be a
legal practitioner; and
(b) two other members which persons shall be experts with
not less than five years experience and knowledge in
matters relevant to this Act.
(2) The Minister shall not appoint an Appeals Board unless the
appellant deposits with the Minister such sum as the Minister
considers will be sufficientto pay the costs, including the allowances
payable to the members of the Appeals Board, likely to be incurred
in connection with the appeal.
(3) The powers, rights and privileges of an Appeals Board shall
be the same as those conferred upon Commissioners by the
Inquiries Act, and the provisions of that Act shall, with the necessary
modifications apply in relation to the hearing and determination of
an appeal by the Appeals Board in terms of this section and to a
person summoned to give evidence before the Appeals Board.
(4) The Minister shall, on the determination of an appeal,
refund to the appellant the sum deposited by the appellant in terms
of subsection (2) less the amount of the costs, if any, payable by
the appellant in terms of subsection (5).
(5) Ifan appeal is dismissed, the Appeals Board may order the
appellant to pay to the Government the costs incurred by the
Government in connection with the appeal.
(6) Amember of the Appeals Board shall be paid out of moneys
appropriated for the putpose by Parliament, such allowances to
meet the reasonable expenses incurred by the member in connection
with an appeal as the J\.1inister may prescribe.
(7) The Appeals Board shall, within fourteen days
of determining the appeal, inform the appellant and the Institute
in writing of its decision and the reasons therefor.
(8) A determination by the Appeals Board under subsection
(2) shall not prejudice the right of any aggrieved party to seek
recourse in a court of competent jurisdiction within thirty days of
the determination.
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