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No. S 641

(Chapter 63)

In exercise of the powers conferred by sections 175 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 Tribunal (Procedure) (Amendment) Regulations 2009 and shall come into operation on 31st December 2009.

Amendment of title

2. The Copyright Tribunal (Procedure) Regulations (Rg 6) (referred to in these Regulations as the principal Regulations) are amended by deleting the word “TRIBUNAL” in the title and substituting the word “TRIBUNALS”.

Amendment of regulation 2

3. Regulation 2 of the principal Regulations is amended —

(a)

by deleting the definitions of “form” and “officer” and substituting the following definitions:

“ “Form” means a form for use in relation to these Regulations that is set out on the Registry’s Internet website at http://www.ipos.gov.sg (under “Copyright Tribunal”), and a form referred to by a number means the form that is so numbered on the website;

“officer” means an officer of the Tribunals appointed by the Minister under section 151A(5) of the Act;”;

(b)

by deleting the definitions of “President” and “proceeding”;

(c)

by deleting the definition of “Secretary” and substituting the following definition:

“ “Secretary” means the Secretary to the Tribunals appointed by the Minister under section 151A(5) of the Act;”;

(d)

by deleting the semi-colon at the end of the definition of “the relevant case file number” and substituting a full-stop; and

(e)

by deleting the definition of “Tribunal”.

Amendment of regulation 3

4. Regulation 3 of the principal Regulations is amended —

(a)	by deleting the word “form” wherever it appears and substituting in each case the word “Form”; and
(b)	by deleting the words “in the First Schedule”.

Amendment of regulation 5

5. Regulation 5 of the principal Regulations is amended —

(a)

by inserting, immediately after the words “the Minister” in paragraph (2), the words “, or any person authorised in that behalf by the Minister,”; and

(b)

by deleting paragraph (3) and substituting the following paragraph:

“(3) The Registry shall be open on such days and at such hours as the Minister, or any person authorised in that behalf by the Minister, may direct.”.

Amendment of regulation 6

6. Regulation 6(4) of the principal Regulations is amended by deleting the words “the President” and substituting the words “the president or a deputy president”.

Amendment of regulation 8

7. Regulation 8 of the principal Regulations is amended by inserting, immediately after the words “the document”, the word “as”.

Amendment of regulation 20

8. Regulation 20 of the principal Regulations is amended —

(a)

by deleting the words “the President” in the 2nd line of paragraph (2) and substituting the words “the president or any deputy president designated by the president for this purpose”;

(b)

by deleting the word “President” wherever it appears in the 5th line of paragraph (2) and substituting in each case the words “president or designated deputy president”;

(c)

by deleting paragraph (5) and substituting the following paragraphs:

“(5) The president or deputy president presiding over a Tribunal may, and shall if so requested by a party to the application or reference, within 7 days from the day when notice of the making of that application or reference has been served, fix a time and place for a preliminary hearing of the application or reference (other than an application to which regulation 37 or 38 applies or an application or reference in respect of which the Tribunal decides not to have a hearing) for the purpose of dealing with such matters connected with the application or reference as the presiding president or deputy president directs.

(5A) The Secretary shall cause notice of the time and place as fixed by the president or deputy president (as the case may be) under paragraph (5) to be served on the parties to the application or reference and on the persons (if any) who have applied to the Tribunal to be made parties to the application or reference.”; and

(d)

by deleting the word “President” in paragraph (7) and substituting the words “president or deputy president presiding over the Tribunal”.

Amendment of regulation 26

9. Regulation 26 of the principal Regulations is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) A reference of a licence scheme to a Tribunal under section 160 of the Act shall —

(a)	state that the licensor referring the scheme proposes to bring the scheme into operation;
(b)	state the nature of the scheme and the works or other subject matter to which the scheme and the licences granted thereunder relate;
(c)	state whether the licensor referring the scheme is the owner or prospective owner of the copyrights in the works or other subject matter to which the scheme relates, or is acting as agent for the owners or prospective owners of such copyrights in relation to the negotiation or granting of licences under the scheme;
(d)	request the Tribunal to make such order, confirming or varying the scheme, or substituting the scheme with such other scheme, as the Tribunal considers reasonable in the circumstances; and
(e)	be in Form 9.”.

Amendment of regulation 27

10. Regulation 27(1) of the principal Regulations is amended by inserting, immediately after the words “confirming or varying the scheme,” in sub-paragraph (e), the words “or substituting the scheme with such other scheme,”.

Amendment of regulation 28

11. Regulation 28 of the principal Regulations is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) A person desiring leave under section 162(2) of the Act to refer a licence scheme under section 162(1) of the Act shall make an application to a Tribunal in accordance with this regulation.”; and

(b)

by deleting sub-paragraph (a) of paragraph (2) and substituting the following sub-paragraph:

“(a)	describe the general nature of the scheme as previously confirmed, varied or substituted by a Tribunal;”.

Amendment of regulation 29

12. Regulation 29(1) of the principal Regulations is amended —

(a)	by deleting the words “the Tribunal” in the 1st line and substituting the words “a Tribunal”;
(b)	by deleting the words “the Tribunal” in the 1st line of sub-paragraph (f) and substituting the words “a Tribunal”;
(c)	by deleting the words “confirmed or varied” in sub-paragraph (g) and substituting the words “confirmed, varied or substituted”; and
(d)	by inserting, immediately after the words “further varying the scheme,” in sub-paragraph (g), the words “or substituting the scheme with such other scheme,”.

Amendment of regulation 37

13. Regulation 37 of the principal Regulations is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) An application to a Tribunal to be made a party to a proceeding shall —

(a)

be made within 14 days from the date when notice of the making of the application or reference was advertised in the Gazette under regulation 21(1);

(b)

specify the date when the proceeding was instituted and the relevant case file number;

(c)

set out the interest of the applicant —

(i)	where the proceeding is a reference under section 160 of the Act — in the operation of the scheme to which the reference relates;
(ii)	where the proceeding is a reference under section 161 or 162, or an application under section 163, of the Act — in the matter in dispute; and
(iii)	where the proceeding is an application for leave of a Tribunal under section 162(2) of the Act to refer a licence scheme to the Tribunal — in the operation of the scheme in so far as it relates to the class of cases specified in that application;

(d)

request the Tribunal to make the person a party to the proceeding; and

(e)

be in Form 18.”.

Amendment of regulation 38

14. Regulation 38(5) of the principal Regulations is amended by deleting the words “the President or of the Tribunal” and substituting the words “the president or deputy president presiding over the Tribunal”.

Deletion and substitution of regulation 40

15. Regulation 40 of the principal Regulations is deleted and the following regulation substituted therefor:

“Consolidation of applications and references

40.—(1) Where 2 or more applications are pending before a Tribunal, the president may, of his own motion or at the request of a party to any of the applications, direct that some or all of the applications be considered together and may give such consequential directions as he considers necessary.

(2) Where 2 or more references are pending before one or more Tribunals in relation to one licence scheme, the president may, of his own motion or at the request of a party to any of the references, direct that some or all of the references be considered together by a Tribunal and may give such consequential directions as he considers necessary.

(3) Before giving a direction under paragraph (1) or (2), the president shall give each party to each of the applications or references concerned an opportunity of presenting a case.

(4) A request under paragraph (1) or (2) for 2 or more applications or references to be considered together shall —

(a)

specify —

(i)	the dates on which the applications or references to be considered together were filed with the Secretary; and
(ii)	the relevant case file numbers;

(b)

state the name of the party making the request;

(c)

be in Form 21A;

(d)

be signed by or on behalf of that party; and

(e)

be filed with the Secretary.”.

Amendment of regulation 41

16. Regulation 41 of the principal Regulations is amended —

(a)	by deleting the words “an application to the Tribunal” in paragraph (1) and substituting the words “an application to a Tribunal”;
(b)	by inserting, immediately after the words “Form 22” in paragraph (3)(a), the words “within 7 days from the day on which such leave was granted”; and
(c)	by inserting, immediately after the words “the application” in paragraph (3)(b), the words “within 7 days from the day on which such leave was granted”.

Deletion of First Schedule

17. The First Schedule to the principal Regulations is deleted.

Miscellaneous amendments

18. The principal Regulations are amended —

(a)

by deleting the word “Tribunal” wherever it appears in the following regulations and substituting in each case the word “Tribunals”:

Regulations 1, 2 (definitions of “Registry” and “sealed”), 4(1), (2) (1st and last lines), (3) and (4), 5(1) and 52(1);

(b)

by deleting the word “President” wherever it appears in the following regulations and substituting in each case the word “president”:

Regulations 4(1) and (2), 44(4) and 50(2);

(c)

by deleting the words “the Tribunal” in the following regulations and substituting in each case the words “a Tribunal”:

Regulations 4(2) (penultimate line), 6(3)(b), 15, 18(a), 20(1), (2), (3) and (4)(b), 21(1), 21A, 22, 22A, 23, 23A, 24, 25, 25A, 25B, 27(1) (1st line), 28(2)(c) and (4) (1st line), 29(1)(a) and (f)(i), 30(1) (1st line), 31(1) (1st line), 32(1) (1st line), 33(1) (1st line), 34, 35, 36 (1st line), 38(1) (2nd line), 39(2), 41(2) (1st line) and (3), 43, 44(2) and (4), 45, 46, 47 (2nd line), 49 (1st line), 50(1) (1st line) and (2), 55(1) and (2) and 56(1) and (2) (2nd and 3rd lines);

(d)

by deleting the words “The Tribunal” in the following regulations and substituting in each case the words “A Tribunal”:

Regulations 13(2), 39(1), 44(1) and 53;

(e)

by deleting the word “President” in regulations 16(1) and 21(2) and substituting in each case the words “president or deputy president presiding over a Tribunal”;

(f)

by deleting the word “President” wherever it appears in the following regulations and substituting in each case the words “presiding president or deputy president”:

Regulations 16(2), 48(2) and 53 (last line);

(g)

by deleting the word “it” in regulation 18(b) and substituting the word “him”;

(h)

by deleting the word “THE” in the heading of Parts VI and VII;

(i)

by deleting the word “President” in regulations 48(1) and 51(2) and substituting in each case the words “president or deputy president presiding over the Tribunal”;

(j)

by deleting the words “the Tribunal” in regulation 39(1) and substituting the word “it”; and

(k)

by deleting the word “President” in the 1st line of regulation 53 and substituting the words “president or deputy president presiding over it”.

[G.N. Nos. S 227/98; S 223/2005]

Made this 22nd day of December 2009.

CHAN LAI FUNG

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 06/011/008; AG/LEG/SL/63/2003/2 Vol. 2]