Copyright (Border Enforcement Measures) Regulations 1998

No. S 224

Chapter 63

In exercise of the powers conferred by section 140B(8) 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) Regulations 1998 and shall come into operation on 16th April 1998.

Definitions

2. For the purposes of these Regulations, “authorised officer”, “copyright material” and “Director-General” have the same meaning respectively as in section 140A of the Act.

Notice under section 140B(1)

3.—(1) A notice to the Director-General under section 140B(1) of the Act shall be in the form set out in the Schedule.

(2) The notice shall be accompanied by a statutory declaration that the particulars in the notice are true.

(3) The owner of the copyright in the copyright material 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) of the Act shall be delivered to the Customs and Excise Department —

(a)	during such time as the office of the Customs and Excise Department 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.

Further information and evidence

5. A person who has given a notice to the Director-General in relation to any copyright material 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)	the subsistence of copyright in the copyright material;
(b)	the ownership of that copyright;
(c)	that goods to be seized, or which have been seized, are copies of the copyright material to which section 140B of the Act applies; and
(d)	where the notice was given by a person as agent for the owner of the copyright, the authority of the person giving the notice.

Change in particulars

6. A person who has given a notice to the Director-General shall notify the Director-General in writing of any change in the particulars specified in the notice or affecting the notice within 7 days of the change and further notice shall be given as the Director-General may require.

Refusal to seize

7. An authorised officer may refuse to seize copies of any copyright material to which a notice under section 140B(1) 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.

Period for instituting action for infringement of copyright

8. For the purposes of subsection (b) of section 140E of the Act, the prescribed period is 10 working days.

Period for extension of retention period

9. For the purposes of section 140E(6) of the Act, the prescribed period is 10 working days after the end of the retention period mentioned in that subsection.

Revocation

10. The Copyright (Import Restrictions) Regulations (Rg 5) are revoked.

Made this 6th day of April 1998.

[LAW 06/020/008 V5; AG/LEG/SL/63/96/1 Vol. 1]

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