Page:Copyright Act 1978 from Government Gazette.djvu/17

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liable to any penalty under that Act (other than forfeiture of the goods) by reason of the fact that any goods are treated as prohibited goods by virtue of this section.

(5) This section shall mutatis mutandis apply with reference to an exclusive licensee who has the right to import into the Republic any literary, musical or artistic work or any cinematograph film or sound recording published elsewhere.

Chapter 3

Copyright Tribunal

Establishment of Copyright Tribunal.

29. (1) The judge or acting judge who is from time to time designated as Commissioner of Patents in terms of section 8 of the Patents Act, 1978, shall also be the Copyright Tribunal (in this Chapter referred to as the tribunal) for the purposes of this Act.

(2) The tribunal may order that the costs or expenses of any proceedings before it incurred by any party shall be paid by any other party, and may tax or settle the amount of any costs or expenses to be paid under any such order or direct in what manner they are to be taxed.

(3) (a) Regulations may be prescribed as to the procedure in connection with the making of references and applications to the tribunal and for regulating proceedings before the tribunal and as to the fees chargeable in respect of those proceedings.

(b)

Any such regulations may in relation to proceedings before the tribunal apply any of the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965), or alternatively, any of the provisions applicable in the court of the Commissioner of Patents in terms of the Patents Act, 1978.

(c)

Any regulations may include provision for―

(i)

requiring notice of any intended application to the court under section 36 to be given to the tribunal and to the other parties to the proceedings;

(ii)

suspending or authorizing or requiring the tribunal to suspend the operation of orders of the tribunal in cases where after giving its decision an application under section 36 to any provincial division of the Supreme Court is noted;

(iii)

modifying in relation to orders of the tribunal, of which the operation is suspended, the operation of any provisions of this Chapter as to the effect of orders made thereunder;

(iv)

the publication of notices or the taking of any other steps for ensuring that persons affected by the suspension of an order of the tribunal will be informed of its suspension;

(v)

for regulating or prescribing any other matters incidental to or consequential upon any request, application, order or decision under section 36.

(4) Without prejudice to any method available by law for the proof of orders of the tribunal, a document purporting to be a copy of any such order and to be certified by the Registrar to be a true copy thereof shall in any legal proceedings be sufficient evidence of the order unless the contrary is proved.

(5) The Registrar shall act as the registrar of the tribunal.

General provisions as to jurisdiction of tribunal.

30. Subject to the provisions of this Chapter, the function of the tribunal shall be to determine disputes arising between licensing bodies and persons requiring licences or organizations claiming to be representative of such persons, either―

(a)

on the reference of a licence scheme to the tribunal; or