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Malaysia Legislation


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



SECOND SCHEDULE [Regulation 4]

FORMS

COPYRIGHT ACT 1987

COPYRIGHT (LICENSING) REGULATIONS 2000

Form 1

NOTICE OF REFERENCE UNDER SECTION 27B, 27C or 27D
[Paragraphs 6(1) (a) and 8(1) (a) and (9) (a) ]

To,

The Chairman,
Copyright Tribunal,
............................
............................

1. Take Notice that

* Reference under section 27B

Whereas ............................
[state name and address of organization] ("the Applicant") , being representative of persons claiming that they require licences [describe case(s) for which licence is required] to which the licensing scheme proposed (specified below) would apply;

* Reference under section 27C

Whereas............................
*[state name and address of person] ("the Applicant") claims that a licence [describe case for which licence is required] is required

*[state name and address of organization] ("the Applicant") , being representative of persons claiming that they require licences [describe case(s) for which licence is required] to which the licensing scheme (specified below) applies;

* Reference under section 27D

Whereas............................
[*state name and address of operator of scheme] ("the Applicant") , is the operator of the scheme (specified below) ;

*[state name and address of person] ("the Applicant") claims that a licence [describe case for which licence is required] is required to which the licensing scheme (specified below) applies;

*[state name and address of organization] ("the Applicant") , being representative of persons claiming that they require licences [describe case(s) for which licence is required] to which the licensing scheme (specified below) applies;

the Applicant hereby refers to the Tribunal the licensing scheme, particulars of which are-
..................................................................................................
..................................................................................................
[state name and address of operator of scheme and the scheme]

*as confirmed/varied by the Tribunal by an Order dated ............................
and bearing the reference number............................

2. The Applicant is an organization representing [here give particulars of the persons whom the Applicant claims to represent and the grounds on which it claims to represent them) .

3. There is delivered herewith a statement of the Applicant's case.

4. All communications about this reference should be addressed to

*[the Applicant at the address shown above]

*[name and address of Applicant's agent].

5. The name and address of the Respondent is............................



Date............................

.........................................................
(*Applicant/officer of Applicant/agent)

*Delete whichever is inappropriate.

COPYRIGHT ACT 1987

COPYRIGHT (LICENSING) REGULATIONS 2000

FORM 2

NOTICE OF APPLICATION UNDER SECTION 27E or 27F
[Paragraph 6(1) (b) and 8(1) (b) and (9) (b) ]


To,

The Chairman,
Copyright Tribunal,
............................
............................

1. TAKE NOTICE that

*[name and address of person]

*[name and address of operator of licensing scheme]

("the Applicant") hereby applies to the Tribunal in connection with the licensing scheme (specified below) -

*Application under section 27E

*being in a case covered by the scheme, for the grant of licence in connection with the scheme which the operator of the scheme has *refused/failed to grant or procure the grant/has refused/failed to grant or procure the grant within a reasonable time/has proposed terms for a licence which are unreasonable.

*being a case excluded from the scheme, the operator of the scheme has *refused to grant or procure the grant of a licence/has failed to do so within a reasonable time/has proposed terms for a licence which are unreasonable.

*Application for review under section 27F

*for review of its Order dated............................and bearing the reference number............................

2. The particulars of the licensing scheme are [name and address of operator of scheme and the case covered or excluded by the scheme].

3. Description of the case for which a licence is required............................

4. There is delivered herewith a statement of the Applicant's case.

5. All communications about this reference should be addressed to

*[the Applicant at the address shown above]

*[name and address of Applicant's agent].

6. The name and address of the Respondent is............................

Date............................
........................................................
(*Applicant/officer of Applicant/agent)

*Delete whichever is inappropriate.

COPYRIGHT ACT 1987

COPYRIGHT (LICENSING) REGULATIONS 2000

FORM 3

APPLICATION FOR SPECIAL LEAVE UNDER SECTIONS 27D, 27F and 27K
[Subregulations 8(3) and 22(3) ]


To,

The Chairman,
Copyright Tribunal,
............................
............................

1. TAKE NOTICE that [name and address of person, organization or operator of licensing scheme] ("the Applicant") hereby applies for the special leave of the Tribunal-

*Application under subsection 27D(2)

*to refer again to the Tribunal the licensing scheme which was

*confirmed/varied by the Tribunal by an Order

*Application under subsection 27F(2)

to review its Order as to entitlement to licence

*Application under subsection 27K(2)

to review its order as to licence dated ............................ and bearing reference number............................

2. There is delivered herewith a statement of the grounds for the application.

3. All communications about this application should be addressed to

*[the Applicant at the address shown above]

*[name and address of Applicant's agent].

4. The name and address of the Respondent is ............................


Date ............................

.......................................................
(*Applicant/officer of Applicant/agent)


*Delete whichever is inappropriate.

COPYRIGHT ACT 1987

COPYRIGHT (LICENSING) REGULATIONS 2000

FORM 4

NOTICE OF REFERENCE UNDER SECTION 27I or 27J
[Subregulation 20(1) ]


To,

The Chairman,
Copyright Tribunal,
............................
............................


1. TAKE NOTICE that [name and address of prospective licensee or licensee] ("the Applicant")

*Reference under section 27I

*being the prospective licensee under the terms of a licence to be granted by [name and address of licensing body]

*Reference under section 27J

*being a licensee under a licence granted by [name and address of licensing body], which licence is due to expire *by effluxion of time/as a result of a notice given by the licensing body on hereby-

*refer to the Tribunal the terms on which the licensing body proposes to grant the licence

*apply to the Tribunal on the ground that it is unreasonable that the licence should cease to be in force.

2. There is delivered herewith a statement of the Applicant's case.

3. All communications about this reference should be addressed to

*[the Applicant at the address shown above]

*[name and address of Applicant's agent].

4. The name and address of the Respondent is ............................


Date. ............................

......................................................
(*Applicant/officer of Applicant/agent)


*Delete whichever is inappropriate.

COPYRIGHT ACT 1987

COPYRIGHT (LICENSING) REGULATIONS 2000

FORM 5

NOTICE OF APPLICATION FOR REVIEW UNDER SECTION 27K
[Subregulation 22(1) ]

To,

The Chairman,
Copyright Tribunal,
............................
............................

1. TAKE NOTICE that [name and address of licensing body or person seeking review] ("the Applicant") hereby applies to the Tribunal for a review of its Order dated ............................ and bearing the reference number ............................ relating to the licence granted *to/by [name and address of licensee or licensing body].

2. There is delivered herewith a statement of the Applicant's case.

3. All communications about this reference should be addressed to

*[the Applicant at the address shown above]

*[name and address of Applicant's agent].

4. The name and address of the Respondent is ............................


Date ............................
.......................................................
(*Applicant/officer of Applicant/agent)


*Delete whichever is inappropriate.

COPYRIGHT ACT 1987

COPYRIGHT (LICENSING) REGULATIONS 2000

FORM 6

NOTICE OF REFERENCE TO COURT ON QUESTION OF LAW UNDER SECTION 30A
[Regulation 26]

To,

The Chairman,
Copyright Tribunal,
............................
............................

1. TAKE NOTICE that [name and address of appellant] ("the Applicant") , being a party to the proceedings on the *reference/application intends to refer to the High Court against the decision
of the Tribunal dated ............................ and bearing the reference number ............................ on the following question of law:
[state question(s) of law]

2. A copy of this Notice *has been/will be served on [date of service] on every person or organization who was a party to the proceedings, namely (specify names and addresses of parties].

3. All communications about this reference should be addressed to

*[the Applicant at the address shown above]

*[name and address of Applicant's agent].



Date ............................

........................................................
(*Applicant/officer of Applicant/agent)
*Delete whichever is inappropriate.

COPYRIGHT ACT 1987

COPYRIGHT (LICENSING) REGULATIONS 2000

FORM 7

NOTICE OF APPLICATION TO SUSPEND ORDER OF TRIBUNAL
[Regulation 27]


To,

The Chairman,
Copyright Tribunal,
............................
............................


1. TAKE NOTICE that [name and address of applicant] ("the Applicant") , being a party to the proceedings on the *reference/application/appeal [specify the proceedings] hereby applies to the Tribunal for the suspension of the operation of the Order of the Tribunal dated ............................ and bearing the reference number ............................


2. There is delivered herewith a statement setting out the grounds for suspension-

[state grounds for suspension]


3. A copy of this Notice, together with the statement of the grounds for suspension, *has been/will be served on [date of service] on every person or organization who was a party to the proceedings, namely [specify names and addresses of parties].


4. All communications about this application should be addressed to

*[the Applicant at the address shown above]

*[name and address of Applicant's agent].


Date ............................

............................
(*Applicant/officer of Applicant/agent)


*Delete whichever is inappropriate.