Copyright Act 1994

136 Notice may be given to chief executive

  • (1) A person who owns the copyright in any 1 or more literary, dramatic, musical, or artistic works, or 1 or more typographical arrangements of a published edition, or 1 or more sound recordings or films may give a notice in writing to the chief executive—

    • (a) claiming that an item is a work, or items are works, as the case may be, in which the person owns the copyright; and

    • (b) requesting the chief executive to detain any pirated copies of the item or items, as the case may be, that are in, or at any time come into, the control of the Customs.

    (2) A notice under subsection (1) shall—

    • (a) contain such particulars in support of the claim that the item is a pirated copy, or items are pirated copies, as the case may be, as may be prescribed in regulations made under this Act; and

    • (b) specify the period for which the notice is to be in force, which period shall be—

      • (i) not longer than 5 years from the date of the notice; or

      • (ii) if the copyright in the work or any of the works to which the notice relates will expire within the period of 5 years from the date of the notice, not longer than the period for which that copyright will last.

    (3) The chief executive shall, in relation to any notice given under subsection (1),—

    • (a) accept the notice if the claimant and the notice given by the claimant comply with the requirements of this section and any regulations made under this Act:

    • (b) decline the notice if the claimant or the notice given by the claimant does not comply with the requirements of this section and any regulations made under this Act,—

    and shall within a reasonable period of receiving the notice advise the claimant whether the notice has been accepted or declined.

    (4) [Repealed]

    Section 136: substituted, on 1 October 1996, by section 2 of the Copyright Amendment Act 1996 (1996 No 28).

    Section 136(4): repealed, on 16 September 2011, by section 8 of the Copyright Amendment Act 2011 (2011 No 72).