Copyright (Import Restrictions) Regulations

(Chapter 63, Sections 142 and 202)

Rg 5

G.N. No. S 118/1990

REVISED EDITION 1990

(25th March 1992)

[10th April 1987]

Citation

1. These Regulations may be cited as the Copyright (Import Restrictions) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“Board” means the Trade Development Board established under section 3 of the Trade Development Board Act [Cap. 330];

“work” means a published literary, dramatic or musical work.

Schedule

3.—(1) A notice to the Board under section 142(1) of the Act by the owner of the copyright in a work, cinematograph film or sound recording shall be in accordance with Form 1 or 1A and Form 2 set out in the Schedule.

(2) A separate notice in accordance with Form 1 or 1A set out in the Schedule shall be given in respect of any one work or any one cinematograph film or sound recording, respectively.

(3) A separate notice in accordance with Form 2 set out in the Schedule shall be given in respect of each importation of one or more copies of —

(a)	any one work which is the subject of a notice in accordance with Form 1; or
(b)	any one cinematograph film or sound recording which is the subject of a notice in accordance with Form 1A,

which has not been withdrawn.

(4) Each notice in accordance with Form 1, 1A or 2 shall be accompanied by a statutory declaration in accordance with Form 3 set out in the Schedule sworn by the person giving the notice verifying the particulars in the notice.

(5) The owner of the copyright in a work, cinematograph film or sound recording may appoint another person to act as his agent for the purpose of the giving of a notice by the owner under section 142(1) of the Act.

Time and manner of giving notice

4. A notice to the Board under section 142(1) of the Act shall be delivered to the Board personally —

(a)	during such time as the office of the Board is open for business; and
(b)	at such time as is reasonably possible for the Board to take any action under section 142 of the Act in relation to that notice.

Fee

5. A fee of $200 shall be paid to the Board in respect of each separate notice given to the Board at the time such notice is given.

Further information and evidence

6. A person who has given a notice to the Board under section 142(1) of the Act in relation to a work, cinematograph film or sound recording shall, at the time of giving the notice or at the time when the work, cinematograph film or sound recording is imported, or at both such times, give to the Board such information and evidence within such time and in such form as the Board may require for the exercise of its powers under section 142 of the Act, including such information and evidence for the purpose of enabling the Board to satisfy itself as to the subsistence of copyright in the work, cinematograph film or sound recording, as to the ownership of that copyright and, where the notice was given by a person as agent for the owner of the copyright, as to the authority of the person to give the notice.

Change in particulars

7. A person who has given any notice to the Board under section 142(1) of the Act in relation to a work, cinematograph film or sound recording shall notify the Board in writing of any change in the particulars specified in the notice or affecting the notice within 14 days of the change and further notice shall be given as the Board may require.

Security

8. The Board and its agents may from time to time require a person who has given a notice in accordance with Form 1 in relation to a work or Form 1A in relation to a cinematograph film or sound recording set out in the Schedule, to give the Board and its agents security or further security within such time and in such manner, whether by way of deposit of money or of an instrument of guarantee, or otherwise, as the Board specifies, in respect of any liability or expense that may be incurred by the Board and its agents as a result of the seizure of any copy of the work, cinematograph film or sound recording to which the notice relates.

Indemnity

9.—(1) Where the Board has not required any security referred to in regulation 8 to be given, the person who has given a notice to the Board under section 142(1) of the Act in relation to any work or any cinematograph film or sound recording and if such person is an agent of the owner of the copyright in the work, cinematograph film or sound recording, the owner shall be jointly and severally liable to indemnify the Board and its agents against any liability or expense that may be incurred by the Board and its agents as a result of the seizure of any copy of the work, cinematograph film or sound recording to which the notice relates.

(2) The person who has given a notice to the Board under section 142(1) of the Act in relation to any work or any cinematograph film or sound recording and if such person is an agent of the owner of the copyright in the work, cinematograph film or sound recording, the owner shall be jointly and severally liable to indemnify the Board and its agents against any liability or expense that may be incurred by the Board and its agents as a result of the seizure of any copy of the work, cinematograph film or sound recording to which the notice relates to the extent to which any security or further security referred to in regulation 8 given by the person to the Board and its agents in respect of that liability or expense is insufficient.

Refusal to seize and forfeit

10. The Board and its agents may refuse to seize copies imported into Singapore of a work or a cinematograph film or sound recording to which a notice under section 142(1) of the Act relates if the person who has given the notice has failed —

(a)	to comply with any requirement by the Board under these Regulations;
(b)	to comply with any of the provisions in these Regulations; or
(c)	to indemnify the Board and its agents against any liability or expense as provided by regulation 9(1) or (2).

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