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Malaysia Legislation


P.U.(A) 235/2000
COPYRIGHT (LICENSING) REGULATIONS 2000

PART III - REFERENCES AND APPLICATIONS WITH RESPECT TO LICENSING BY LICENSING BODIES



Regulation 22. Application under section 27K of the Act.

(1) An application under subsection 27K(1) of the Act not requiring special leave of the Tribunal under subsection 27K(2) of the Act shall be commenced by the service on the Secretary by the party making the application a notice in Form 5.

(2) After complying with subregulation (1) , subregulations 20(2) to (4) shall apply with the necessary modifications.

(3) An application under subsection 27K(1) of the Act requiring special leave of the Tribunal under subsection 27K(2) of the Act shall be made by service on the Secretary by the party making the application ("the Applicant") of a notice in Form 3 and after this subregulation has been complied with subregulations (4) to (7) shall apply.

(4) Form 3 shall be served on the Secretary in two copies with a statement of the grounds for the application for special leave and the prescribed fees.

(5) Within fourteen days after the service of Form 3 on the Secretary together with the statement of the grounds for the application for special leave and the prescribed fees, the Secretary shall serve on the party to the previous reference ("the Respondent") a copy of Form 3 and the statement of the grounds for the application for special leave.

(6) Within fourteen days of the service upon the Respondent of Form 3 together with the grounds for the application for special leave, the Respondent may make representations in writing to the Tribunal regarding the application for special leave, and the Respondent shall serve a copy of any such representations on the Applicant and inform the Secretary of the date of such service.

(7) The Tribunal, after considering the application for special leave and the representations, if any, and if the Tribunal considers it necessary, after having given the parties an opportunity of being heard, shall grant or dismiss the application for special leave with such order as to costs as the Tribunal thinks fit.

(8) The decision of the Tribunal shall be in writing and shall include a statement of its reasons, and the Secretary shall, within fourteen days of the decision of the Tribunal serve a copy of the decision on the parties.

(9) If the Tribunal grants the application for special leave, the Applicant shall commence the making of the application under subsection 27K(1) of the Act by serving on the Secretary a notice in Form 5, and after complying with this subregulation, subregulations 6(2) to (4) shall apply with the necessary modifications.