16
[Sub-s. (6) substituted by s. 11 (b) of Act 52 of 1984 and by
s. 24 (a) of Act 125 of 1992.]
(7) ......
[Sub-s. (7) deleted by s. 24 (b) of Act 125 of 1992.]
(8) ......
[Sub-s. (8) added by s. 11 (c) of Act 52 of 1984 and deleted by s. 24 (b) of Act 125 of 1992.]
28
Provision for restricting importation of copies
(1) The owner of the copyright in any published work may give notice in writing to the Commissioner for Customs
and Excise (in this section referred to as the 'Commissioner')(a)
that he is the owner of the copyright in the work; and
(b)
that he requests the Commissioner to treat as prohibited goods, during a period specified in the notice,
copies of the work to which this section applies:
Provided that the period specified in a notice under this subsection shall not extend beyond the end of the period for which
the copyright is to subsist: Provided further that the Commissioner shall not be bound to act in terms of any such notice
unless the owner of the copyright furnishes him with security in such form and for such amount as he may require to secure
the fulfilment of any liability and the payment of any expense which he may incur by reason of the detention by him of any
copy of the work to which the notice relates or as a result of anything done by him in relation to a copy so detained.
[Sub-s. (1) amended by s. 25 (a) of Act 125 of 1992.]
(2) This section shall apply to any copy of the work in question made outside the Republic which if it had been
made in the Republic would be an infringing copy of the work.
(3) Where a notice has been given under this section in respect of a work and has not been withdrawn, the
importation into the Republic at a time before the end of the period specified in the notice of any copy of the work to which
this section applies shall be prohibited.
(4) Notwithstanding anything contained in the Customs and Excise Act, 1964 (Act 91 of 1964), a person shall not
be 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 work published elsewhere.
[Sub-s. (5) substituted by s. 25 (b) of Act 125 of 1992.]
[S. 28 substituted by s. 12 of Act 52 of 1984.]
CHAPTER 3
COPYRIGHT TRIBUNAL (ss 29-36)
29
Establishment of Copyright Tribunal
(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 proceeding 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 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)
regulating or prescribing any other matters incidental to or consequential upon any request, application,
order or decision under section 36.
[Sub-para. (v) substituted by s. 26 (a) of Act 125 of 1992.]
(4) Without prejudice to any method available by law for the proof of orders of the tribunal, a document