Copyright Tribunal (Procedure) Regulations

2012年12月21日

COPYRIGHT ACT

(CHAPTER 63, SECTION 175 AND 202)

COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS

[3rd January 1989]


Part I Preliminary • Citation
• Definitions


PART I

PRELIMINARY

Citation.
1.—These Regulations may be cited as the Copyright Tribunal (Procedure) Regulations.

Definitions.
2.—In these Regulations, unless the context otherwise requires —

"address for service", in relation to a person, means an address in Singapore at which documents may be served on the person;

"form" means a form set out in the First Schedule, and a form referred to by a number means the form so numbered in that Schedule;

"officer" means officer of the Tribunal appointed by the Minister under section 151 (4) of the Act;

"person" includes an organisation within the meaning of Part VII of the Act;

"President" means the President of the Tribunal;

"proceeding" means a proceeding before the Tribunal and includes an inquiry by the Tribunal under section 157 of the Act;

"Registry" means the Registry of the Tribunal established under regulation 5;

"sealed" means sealed with the seal of the Tribunal;

"Secretary" means an individual appointed by the Minister under section 151 (4) of the Act to be the Secretary to the Tribunal;

"the relevant case file number" , in relation to a proceeding, means the case file number allotted by the Secretary to the proceeding in pursuance of regulation 9;

"Tribunal" means the Copyright Tribunal established under Part VII of the Act.

Forms.
3.—Where any form in the First Schedule is prescribed or authorised to be used, such variations may be made in the form as circumstances of any particular case may require.

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THIRD SCHEDULE
Regulation 55

WITNESSES’ FEES AND EXPENSES


1. Witness called because of his professional, scientific or other special skill of knowledge — such amount as the Tribunal, or the person taxing costs in relation to the proceeding, determines, being not less than $100 per day and not more than $150 per day.

2. Other witness —

(a) If remunerated in his occupation by wages, salary or fees. The amount of wages, salary or fees lost, by reason of the attendance, but not exceeding $50 per day.

(b) In any other case $30 per day.

3. In addition to the above fees —

(a) a witness may be allowed such sum as the Tribunal, or the person taxing costs in relation to the proceeding, thinks reasonable for the expenses of conveyance of the witness to and from the place where he attends to give evidence or to produce documents or articles; and

(b) a witness called because of his professional, scientific or other special skill or knowledge may be allowed such fees as the Tribunal, or the person taxing costs in relation to the proceeding, thinks reasonable for —

(i) qualifying to give the evidence; and

(ii) an attendance before the Tribunal not covered by the foregoing provisions of this Schedule when the witness is acting as an expert in assisting a representative of a party during the hearing.

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SECOND SCHEDULE
Regulation 54

FEES

1 For a photographic copy of a document —

(a) for one page —

$3

(b) for each additional page —

40 cents


2 For a copy of the reasons for an order made by the Tribunal —

(a) for one page —

$3


(b) for each additional page —

40 cents

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FORM 24
Regulation 52
(Title)

COPYRIGHT ACT
(CHAPTER 63)

COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS

SUMMONS TO WITNESS



To: [name and address of witness].


In the Matter of an *Inquiry/*Application/*Reference under *section ________________
of the Copyright Act/*regulation _______________ of the Copyright Tribunal (Procedure) Regulations by _________________________________________________________________
_____________________________________________________________________________.

1. You arehereby summoned to attend before the Copyright Tribunal at [place] on
20 , at o-clock in the noon, and thereafter from day to day until the hearing of proceedings in relation to the above mentioned application [or reference or inquiry] is completed or until you are released from further attendance.

2.
You are required to attend before the Tribunal for the purpose of giving evidence in the proceedings.

*3. You are required to bring with you and produce the following documents [or articles or documents and articles]:

[Here set out documents or articles required].

Made this _______________ day of ________________ 20____.


President [or Member]


of the Copyright Tribunal.


*Insert if inapplicable.

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FORM 23
Regulation 47
COPYRIGHT ACT
(CHAPTER 63)

COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS

NOTICE REQUESTING REFERENCE TO THE HIGH COURT.



To: The Secretary,

Case File No. ______________


Copyright Tribunal.



In the Matter of an *Application/*Reference under *section _________ of the Copyright Act/*regulation _______________ of the Copyright Tribunal (Procedure) Regulations by ______________________________________________________________________________
______________________________________________________________________________.

TAKE NOTICE that I, ___________________________ of _______________________
(hereinafter called the Applicant), being a party to the proceedings relating to the above *Application/*Reference field on ____________________ and bearing case file No. _________,
hereby request the Copyright Tribunal to refer the following question of law arising in the proceedings for determination by the High Court:
______________________________________________________________________________
(Specify question of law to be referred)
______________________________________________________________________________

The Applicant’s address for service is _________________________________________
______________________________________________________________________________

Made this _______________ day of ________________ 20____.



_________________


____________________________


Filing date

Signed *by/*on behalf of the Applicant







(Mr/Mrs/Miss) ________________







Status of signatory if Notice is signed on behalf of the Applicant




_____________________________



*Delete whichever is inapplicable.

stillhere

FORM 22
Regulation 41(3) and 42
COPYRIGHT ACT
(CHAPTER 63)

COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS

NOTICE OF WITHDRAWAL OF *APPLICATION/*REFERENCE



To: The Secretary,

Case File No. ______________


Copyright Tribunal



and



every party to the



*Application/*Reference



In the Matter of an *Application/*Reference under *section _________ of the Copyright Act/*regulation _______________ of the Copyright Tribunal (Procedure) Regulations by ______________________________________________________________________________
______________________________________________________________________________.

TAKE Notice that I, _________________________ of ___________________________,
(Name of Applicant)
with the leave of the Copyright Tribunal granted on ____________________________________,
hereby withdraw the above *Application/*Reference bearing case file No. __________________,
dated ___________________ and filed by me on ______________________________________.

Made this _______________ day of ________________ 20____.



_________________


____________________________


Address for service

Signed *by/*on behalf of the Applicant.







(Mr/Mrs/Miss) ________________







Status of signatory if Notice is signed on behalf of the Applicant.




_____________________________



*To delete where inapplicable.

stillhere

FORM 21
Regulation 13(3)
COPYRIGHT ACT
(CHAPTER 63)

COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS

STATEMENT OF AMENDMENTS



To: The Secretary,

Case File No. ______________


Copyright Tribunal.



In the Matter of an *Inquiry/*Application/*Reference under *section _________ of the
Copyright Act/*regulation _______________ of the Copyright Tribunal (Procedure) Regulations by ___________________________________________________________________________
______________________________________________________________________________.

TAKE Notice that the Copyright Tribunal has by order dated _______________ granted _____________________________ leave to amend the ____________________________ dated
(Name of Maker of Statement) (Describe Document Amended)
___________________ which relates to the proceedings before the Tribunal relating to the above *Inquiry/*Application/*Reference.

The amendments are as follows:

(Set out briefly the amendments. If the amendments are too complicated to set out briefly, a copy of the amended document should be attached with amendments marked in red ink).

Pursuant to regulation 39 (3) of the Copyright Tribunal (Procedure) Regulations, these amendments shall be deemed to be made upon the date of the filing of this Statement of Amendments with the Secretary of the Copyright Tribunal.


Made this _______________ day of ________________ 20____.



_________________


____________________________


Filing date

Signed *by/*on behalf of Maker of Statement.







(Mr/Mrs/Miss) ________________







If the Statement is signed on behalf of the Maker of the Statement, please indicate status of signatory




_____________________________


*Delete whichever is inapplicable.

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FORM 20
Regulation 39
COPYRIGHT ACT
(CHAPTER 63)

COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS

APPLICATION FOR LEAVE TO AMEND DOCUMENT



To: The Secretary,

Case File No. ______________


Copyright Tribunal.



In the Matter of an *Inquiry/*Application/*Reference under *section _________ of the
Copyright Act/*regulation _______________ of the Copyright Tribunal (Procedure) Regulations by ___________________________________________________________________________
______________________________________________________________________________.

1. I ____________________________________of __________________________
(Name /s) (Address)
being a party to the proceedings before the Copyright Tribunal relating to the above-mentioned *Inquiry/*Application/*Reference, hereby apply under regulation 39 (2) for leave of the Tribunal to amend ______________________________________________________________________
(Describe document to be amended)
dated ________________ which I filed with the Secretary of the Tribunal on _______________ in connection with the said proceedings by:
(Set out briefly the amendments to be sought. If the amendments are too complicated to set out briefly, a copy of the document sought to be amended should be attached with the proposed amendments marked in red ink).

The grounds of my Application are:
______________________________________________________________________________.
______________________________________________________________________________.
______________________________________________________________________________.

Made this _______________ day of ________________ 20____.



_________________


____________________________


Filing date

Signed *by/*on behalf of the Applicant.







(Mr/Mrs/Miss) ________________







Status of signatory if Application is signed on behalf of the Applicant.




_____________________________


*Delete whichever is inapplicable.

stillhere

FORM 19
Regulation 38
COPYRIGHT ACT
(CHAPTER 63)

COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS

NOTICE OF OBJECTION



To: The Secretary,

Case File No. ______________


Copyright Tribunal.



In the Matter of an *Application under *section _________of the Copyright Act/*regulation ______________ of the Copyright Tribunal (Procedure) Regulations by ______________________________________________________________________________
______________________________________________________________________________.

TAKE Notice that I ________________________ of ___________________________

(hereinafter called “the Objector”) object to the Application under ________________________
(state
_______________________________________ to the Tribunal bearing case file No. _________,
provision under which Application is made)

made by ______________________ and filed on ____________________.
The Objector objects to the Application on the ground that (Give particulars in support of objection): ____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
The Objector’s address for service is __________________________________________
______________________________________________________________________________
Made this _______________ day of ________________ 20____.



_________________


____________________________


Filing date

Signed *by/*on behalf of the Objector.


(Mr/Mrs/Miss) ________________



If Notice is signed on behalf of Objector, please indicate status of signatory


_____________________________


*Delete whichever is inapplicable.

stillhere

FORM 18
Regulation 37(1)
COPYRIGHT ACT
(CHAPTER 63)

COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS

APPLICATION TO BE MADE
A PARTY TO PROCEEDINGS




To: The Secretary,

Case File No. ______________


Copyright Tribunal.



In the Matter of an *Application/*Reference under section _________of the Copyright Act by________________________________________________________________________
______________________________________________________________________________

1. I ____________________________________of __________________________
(hereinafter called “the Applicant”) hereby apply to be made a party to the proceedings instituted on _______________________________________ and relating to the *Application/*Reference by __________________ Notice of which was advertised in the ______________________________________________________________________________
(Name of newspaper or Gazette No.)
on ___________________.

The Applicant has substantial interest in the proceedings for the following reasons:
______________________________________________________________________________
______________________________________________________________________________
The Applicant’s address for service is _________________________________________
______________________________________________________________________________.

Made this _______________ day of ________________ 20____.


Filing date

Signed *by/*on behalf of the Applicant.


(Mr/Mrs/Miss) ________________

If Application is signed on behalf of Applicant, please indicate status of signatory

____________________________

*Delete whichever is inapplicable.