detention of any copy of the work to which the notice relates or as a result of anything done
by the Commissioner in relation to a copy so detained.
(4) This section shall apply to any copy of the work in question made outside Namibia which,
if it had been made in Namibia, would be an infringing copy of the work.
(5) Where a notice has been given under subsection (1) in respect of a work and has not been
withdrawn, the importation into Namibia at a time before the end of the period specified in
the notice of any copy of such a work shall be prohibited.
(6) Notwithstanding anything contained in the Customs and Excise Act, 1964 a person shall
not be liable to a 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.
(7) This section shall apply mutatis mutandis with reference to an exclusive licensee who has
the right to import into Namibia a work published elsewhere.
CHAPTER 3
COPYRIGHT TRIBUNAL
35 Establishment and jurisdiction of Copyright Tribunal
(1) The Judge-President of the High Court of Namibia shall from time to time designate one
or more judges or acting judges of the High Court to be the Copyright Tribunal for the
purposes of this Act.
(2) Subject to this Chapter, the function of the Tribunal shall be(a) to determine disputes arising between(i) licensing bodies;
(ii) other persons from whom licences are required and persons requiring licences; or;
<>(iii) organisations claiming to be representative of any of such persons, either upon the
reference of a licence scheme to the Tribunal or upon the application of a person requiring a
licence, whether in accordance with a licence scheme or in a case not covered by a licence
scheme;
(b) to make such other determinations as are provided for in this Act.
36 Reference of licence schemes to Tribunal
(1) Where at any time, while a licence scheme is in operation, a dispute arises with respect to
the scheme between the licensing body operating the scheme and(a) an organisation claiming to be representative of persons requiring licences in cases of a
class to which the scheme applies; or
(b) a person claiming that he or she requires a licence in a case of a class to which the scheme
applies,
the organisation or person in question may refer the scheme to the Tribunal in so far as it
relates to cases of that class.