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Malaysia Legislation


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

PART IV - REFERENCE TO THE COURT FROM DECISION OF TRIBUNAL



Regulation 27. Application for suspension of order.

(1) A party to the proceedings ("the Applicant") may, pending the determination of a reference under subregulation 26(1) , apply to the Tribunal to suspend the operation of an order made by serving on the Secretary a notice in Form 7 with the prescribed fees.

(2) The Applicant shall within fourteen days of the service of Form 7 on the Secretary, serve a copy of Form 7 together with a statement of the grounds for suspension on the other party to the proceesings ("the Respondent") and inform the Secretary of the date of such service.

(3) Within fourteen days of the service of the notice under subregulation (2) together with the statement of the grounds for suspension, the Respondent shall serve on the Secretary a statement setting out the grounds of objection to the Applicant's case, and shall also serve a copy of the grounds of objection to the Applicant and inform the Secretary of the date of such service.

(4) The Tribunal, after considering the application and any representation, may refuse or allow the application for suspension.

(5) If the Tribunal, after consideration of the application and any representation, refuses the application to suspend the operation of its order, the Secretary shall within fourteen days of the decision to refuse the application, serve on the parties to the proceedings a copy of the Tribunal's decision together with a statement of the Tribunal's reasons for refusal.

(6) If the Tribunal allows the application, the Secretary shall serve a notice of the suspension on the parties, and if particulars of the order have been advertised, shall cause notice of the suspension to be advertised in the same manner, and regulation 18 shall apply with regard to the publication of the decision.