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Copyright Order, 1999 · s 109

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s 109Border Enforcement Measures

( 1) The owner of the copyright in a published literary, dramatic or musical work may give notice in writing to the

Controller of Customs

{a} claiming that he is the owner of the copyright in the work; and

{b} requesting the Controller of Customs, for the period specified in the notice, to treat as prohibited goods printed copies of the work which are infringing copies for the purposes of this Order that are or at any time come under customs control.

(2)

The period specified in a notice under subsection [ll shall not exceed five years and shall not extend beyond the period for which copyright subsists.

(3)

The owner of the copyright in a sound recording or film may give notice in writing to the Controller of Customs -

{a}

claiming that he is the owner of the copyright in the work;

(b)

claiming that infringing copies of the work are expected to arrive in Brunei Darussalam at the time and place specified in the notice; and

{c)

requesting the Controller of Customs to treat as prohibited goods the infringing copies that come under customs control.

(4)

When a notice has been given under this section, the goods to which it relates/ unless they have been imported for private and domestic use, shall become prohibited goods for the purposes of the Customs Act and shall be deemed to have been included in an order made under section 28 of that Act, and the provisions of that

Act relating to the importation of prohibited goods shall apply accordingly/ but a person is not by reason of the prohibition liable to any penalty other than forfeiture of the goods.

319 2000

Presumptions relevant to works subject to

Government copyright.

Infringing copies may be treated as prohibited good.

Cap. 36.

Determina-tion whether goods are infringing copies.

Limitations on requirement to supply infor-mation.

(5)

A notice given under this section remains in force for the period specified in the notice unless -

(a} it is revoked by the claimant in writing; or

(b} the court orders, in proceedings under section 114, that it be discharged.