Copyright Order, 1999 · As enacted · Chapter VI · Remedies for Infringement
109. Border Enforcement Measures
Official textFrom Attorney General's Chambers, unchanged
( 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.
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.
The owner of the copyright in a sound recording or film may give notice in writing to the Controller of Customs -
sound recording
"sound recording" means - fa) a recording of sounds, from which the sounds may be reproduced; or {b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced, regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.
{a}
claiming that he is the owner of the copyright in the work;
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.
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.
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.
Terms defined in s 6
film
Defined · s 6"film" means a recording on any medium from which a moving image may by any means be produced;
sound recording
Defined · s 6"sound recording" means - fa) a recording of sounds, from which the sounds may be reproduced; or {b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced, regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.
Chapter VII
Copyright Licensing
Chapter VIII
The Copyright Tribunal
Chapter IX
Qualification for and Extent of Copyright Protection
Chapter X