Regulation 8. Reference or application under section 27D or 27F of the Act. (COPYRIGHT (LICENSING) REGULATIONS 2000

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Malaysia Legislation

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

PART II - REFERENCES AND APPLICATIONS WITH RESPECT TO LICENSING SCHEMES

Regulation 8. Reference or application under section 27D or 27F of the Act.

(1) A reference or an application under subsection 27D(1) or 27F(1) of the Act not requiring special leave of the Tribunal under subsection 27D(2) or 27F(2) of the Act shall be commenced by the service on the Secretary by the party making the reference or the application ("the Applicant") of a notice-

(a)

in Form 1 in the case of a reference under section 27D of the Act; or

(b)

in Form 2 in the case of an application under section 27F of the Act.

(2) After complying with subregulation (1) , subregulations 6(2) to (4) shall apply.

(3) A reference or an application under subsection 27D(1) or 27F(1) of the Act requiring special leave of the Tribunal under subsection 27D(2) or 27F(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 or application ("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 made by the Respondent, if any, and if the Tribunal considers it necessary, after having given the parties an opportunity to be 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 reference or application by serving on the Secretary a notice-

(a)

in Form 1 in the case of a reference under subsection 27D(1) of the Act; and

(b)

in Form 2 in the case of an application under subsection 27F(1) of the Act,

and after complying with this subregulation, subregulations 6(2) to (4) shall apply.