Copyright (Border Enforcement Measures) (Amendment) Regulations 2005

No. S 222

(Chapter 63)

In exercise of the powers conferred by sections 140B(8) and 202 of the Copyright Act, the Minister for Law hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Copyright (Border Enforcement Measures) (Amendment) Regulations 2005 and shall come into operation on 18th April 2005.

Deletion and substitution of regulations 3 and 4

2. Regulations 3 and 4 of the Copyright (Border Enforcement Measures) Regulations (Rg 5) (referred to in these Regulations as the principal Regulations) are deleted and the following regulations substituted therefor:

“Notice under section 140B (1), or section 140B (1) read with section 254B, of Act

3.—(1) A notice to the Director-General under section 140B(1), or section 140B(1) read with section 254B, of the Act shall —

(a)	where the notice is given by the owner or licensee of the copyright in the copyright material, be in Form 1 in the Schedule; and
(b)	where the notice is given by the performer of a performance embodied in an unauthorised recording, be in Form 2 in the Schedule.

(2) The notice shall be accompanied by —

(a)	a statutory declaration that the particulars in the notice are correct; and
(b)	the fee of $200 specified in item (1) in the Schedule to the Fees (Copyright Act — Border Enforcement Measures) Order (Cap. 106, O 40A).

(3) The owner or licensee of the copyright in the copyright material may appoint another person to act as his agent for the purpose of giving the notice.

(4) Where the notice is given in relation to an unauthorised recording of a performance, the performer of the performance embodied in the unauthorised recording may appoint another person to act as his agent for the purpose of giving the notice.

Time and manner of giving notice

4. A notice to the Director-General under section 140B(1), or section 140B(1) read with section 254B, of the Act shall be delivered to the Singapore Customs —

(a)	during such time as the office of the Singapore Customs is open for business; and
(b)	at such time as is reasonably possible for an authorised officer to take any action under the Act in relation to the notice.”.

Amendment of regulation 5

3. Regulation 5 of the principal Regulations is amended —

(a)

by inserting, immediately after the word “owner” in paragraph (d), the words “or licensee”; and

(b)

by renumbering the regulation as paragraph (1) of that regulation, and by inserting immediately thereafter the following paragraph:

“(2) Where a notice is given to the Director-General in relation to any unauthorised recording of a performance, the person who has given the notice shall, as and when required by the Director-General, give to the Director-General such information and evidence within such time and in such form as the Director-General may require including such information and evidence as the Director-General may require to establish —

(a)	that the performance is protected under Part XII of the Act and the protection period in respect of the performance has not expired;
(b)	the identity of the performer of the performance embodied in the unauthorised recording;
(c)	that goods to be seized, or which have been seized, are copies of an unauthorised recording of a performance to which section 140B read with section 254B of the Act applies; and
(d)	where the notice was given by a person as agent for the performer of the performance, the authority of the person giving the notice.”.

Deletion and substitution of regulation 7

4. Regulation 7 of the principal Regulations is deleted and the following regulation substituted therefor:

“Refusal to seize

7. An authorised officer may refuse to seize copies of any copyright material or copies of an unauthorised recording of a performance to which a notice under section 140B(1), or section 140B(1) read with section 254B, of the Act relates if the person who has given the notice fails to comply with —

(a)	any requirement by the Director-General under these Regulations; or
(b)	any provision of these Regulations.”.

New regulation 10

5. The principal Regulations are amended by inserting, immediately after regulation 9, the following regulation:

“Prescribed period under section 140LA (3) of Act

10. For the purposes of section 140LA(3) of the Act, the prescribed period shall be —

(a)

48 hours after the Director-General has given the owner of the copyright in the copyright material or the performer of the performance embodied in an unauthorised recording, as the case may be, the written notice referred to in section 140LA(2) of the Act; or

(b)

where —

(i)	the detained copies of copyright material or unauthorised recording of a performance, as the case may be, are copies that are to be exported from Singapore or goods in transit that are consigned to a person with a commercial or physical presence in Singapore; and
(ii)	the owner of the copyright or the performer of the performance embodied in the unauthorised recording, as the case may be, has complied with section 140LA (3)(b)(iii), or section 140LA (3)(b)(iii) read with section 254B, of the Act within the period referred to in paragraph (a),

10 working days after the Director-General has given the owner of the copyright in the copyright material or the performer the written notice referred to in section 140LA(2) of the Act.”.

Deletion and substitution of Schedule

6. The Schedule to the principal Regulations is deleted and the following Schedule substituted therefor:

“THE SCHEDULE

Regulation 3

FORM 1

NOTICE UNDER SECTION 140B (1) OF THE COPYrIGHT ACT (chapter 63) in respect of copyright material