Положение № 5727-1966 «О наименованиях мест происхождения» (порядок оспаривания в Апелляционном комитете), с изменениями от 1 апреля 1986 года, Израиль

APPELATIONS OF ORIGIN PROTECTION (PROCEDURE IN APPEAL COMMITTEES) REGULATIONS, 5727-1966

Section 1: Definition Section 2: Period for Filing Appeal Section 3: Filing an Appeal Section 4: Particulars Specified in Appeal Section 5: Signature of Appeal Section 6: Respondants Section 7: Copies to Respondants Section 8: Setting a Date of Appeal Hearing Section 9: Publication of Invitation to Persons Intrested to Appear Section 10: Appeal Hearing Section 11: Non-Appearance of a Party Section 12: Postponement of proceeding Section 13: Decision of Committee Section 14: Title

Pursuant to my authority under section 35 of the Appelations of Origin Law, 7525, 1965, I hereby make the following regulations:

Definitions 1. In these regulations –

“Committee” – committee of appeal established under section 30 of the Law.

Period for Filing Appeal 2. An appeal on the decision of the Registrar shall be submitted within 60 days

from the date the decision, which is subject of the appeal, was granted.

Filing an Appeal 3. The appeal shall be filed in 4 copies, accompanied by a number of copies

identical to the number of parties who are taking part in the proceedings before the Registrar, and for the decision for which the appeal is being filed; the apeeal shall be delivered to the Office of registration of the District Court which has juridsction over the Committee Office, or it shall be delivered in registered mail in accordance with the address as provided in the Gazzette.

Particulars specified in Appeal 4. (a) In the appeal the following shall be specified –

(1)The appellation of origin which is the subject of the proceedings before the Registrar;

(2)The nature of the proceedings which was held before the Registrar and the number of case filed;

(3)The names of the right holders and their address for delivery of documents; (4)The name of the other parties and their address for delivery of letters; (5)The justifications of the appeal in short.

(b) the appeal shall be furnished with 4 copies of the decision of the Registrar.

Signature of Appeal 5. The appeal shall be signed by hand by the appellant or his representative.

Respondants 6. Any person who is a party to the proceedings and has not joined as an

appellant to the appeal shall considered to be a respondant, and if no person is a party to the proceedings before the Registrar aside from the appellant, then the Registrar shall act as respondant.

Copies to Respondants 7. Where an appeal has been filed to the Committee, a copy of the appeal script

shall be delivered to the Registrar and each of the respondants.

Setting a Date of Appeal Hearing 8. The head of the Committee shall set a date to hear the appeal, and invitation

to the appellant and respondants shall be delivered by mail at least 30 days prior to such date.

Publication of Invitation to Persons Intrested to Appear 9. (a) The Registrar shall publish in the Gazette and at least two newspapers a

notice of the date to hear the appeal and shall invite any person interested to appear and argue his claims in the appeal. (b) any person who wishes to claim his arguments pursuant to subregulation (a) shall notify to the effect the head of the Committee at least five days prior to the hearing of the appeal.

Appeal Hearing 10. The Committee shall first hear the witnesses whose testimony was requested,

and thereafter the claims of the appellant and claims of the respondent, the claims of the Registrar, if he is not a party but wishes to make his claims heard, and lastly, the claims of the persons who requested to appeal and claim pursuant to regulation 9; the appellant may, as he may see fit, to respond to the claims put forth by the respondant.

Non-Appearance of a Party 11. Where one of the parties failed to appear before the Committee in the said

date for the appeal hearing and it has been shown that the invitation was delivered to him, the Committee may consider the appeal and make a decision without his presence.

Postponement of Proceeding 12. The Committee may postppone the appeal hearing to another date, and once

the hearing has commenced – postpone the rest of the proceedings, if such postponement is necessary, in the opinion of the Committee, for the sake of justice.

Decision of Committee 13. (a) the decision of the Committee shall be in writing and signed by each

member thereof. (b) where a Committee member refuses to sign, the head of the Committee shall make a note to that effect in his signature.

Title 14. These regulations shall be titled Appelations of Origin Protection (Procedure

in Appeal Committees) Regulations, 5727-1966.

* פורסמו ק"ת תשכ"ז מס' 1960 מיום 24.11.1966 עמ' 414.

תוקנו ק"ת תשל"ט מס' 4006 מיום 19.7.1979 עמ' 1608 – תק' תשל"ט-1979; תחילתן 15 ימים מיום פרסומן (תוקנו ק"ת תשמ"ו מס' 4917 מיום 24.3.1986 עמ' 715 – תק' (תיקון) תשמ"ו-1986 בתקנה 3 לתק' תשמ"ו-1986; תחילתן ביום 1.4.1986).

ק"ת תשמ"א: מס' 4168 מיום 29.9.1980 עמ' 31 – הודעה תשמ"א-1980; תחילתה ביום 1.10.1980. מס' 4264 מיום 30.8.1981 עמ' 1373 – הודעה (מס' 2) תשמ"א-1981; תחילתה ביום 1.10.1981.

ק"ת תשמ"ג מס' 4410 מיום 23.9.1982 עמ' 20 – הודעה תשמ"ג-1982; תחילתה ביום 1.10.1982.

ק"ת תשמ"ו מס' 4917 מיום 24.3.1986 עמ' 715 – תק' תשמ"ו-1986; תחילתן ביום 1.4.1986.