SECTION:
2.47
CREATION AND TENURE OF COPYRIGHT COMMISSION
There is hereby created in the Copyright Office a COPYRIGHT COMMISSION which shall
consist of a chairman and four additional members who will serve for a period of 5 years and
maybe re-appointed for another 5 year term.
APPOINTMENT, QUALIFICATON AND COMPOSITION OF COMMISSION
The President shall appoint with the advise and consent of the Senate a Lawyer with at least 5
years of legal practice to serve as chairman. Other members of the Commission shall be:
(i)
A former judge of repute from the legal community.
(ii)
A lawyer in the private sector.
(iii)
An independent person of experience in the administration of intellectual and
industrial properties;
(iv)
An economist who is a civil servant.
The Co-Chairman shall be elected by members of the Commission.
FUNCTIONS:
1.
To adopt regulations not inconsistent with law, governing its sessions,
procedures and methods of operation.
2.
To hear, investigate and make determination on all violations or
infringements under this chapter consistent with due process of law.
3.
Pursuant to sub-section above, the commission shall have power upon
request of a party to issue subpoenas, and summons for the appearance of
witnesses before the Commission.
4.
The Commission shall have the power to order where appropriate, upon the
request of a party, the issuance of the writs of search and seizure, injunction
and temporary restraining orders, and freeze bank account of offender;
provided that the party seeking such order from the Commission shall submit
a sworn affidavit stating the reasons for the request and if the Commission
determines there is good cause shown in the affidavit, the Commission shall
issue such order and submit it to a presiding circuit judge for endorsement.
The formalities for the issuance of the writs named shall be waived in
extreme case. In any case whether, search and seizure, injunction and
temporary restraining order, or freezing of a bank account, the Commission
shall conduct a speedy hearing and make determination within fifteen (15)
days.
5.
The Commission may imtrate proceedings according to the preceding
paragraph, on its own initiative, or at the request of the right owner provided
that there is sufficient reason to believe that an infringement has occurred.
6.
Any person aggrieved by a decision of the commission under this Section,
may appeal to the circuit court within 10 days after a final determination by
the Commission. Appeals from the decision of the Commission shall not
stay the enforcement of the decision if the decision affects infringement.
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