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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Part II General Provisions • Seal
• Registry
PART II

GENERAL PROVISIONS

Seal.
4.—(1) There shall be a seal of the Tribunal of such nature and pattern as the President may approve.

(2) Subject to this regulation, the seal of the Tribunal shall be affixed by or with the authority of the Secretary to such documents as are required by these Regulations or by a direction of the President or of the Tribunal to be sealed with the seal of the Tribunal.

(3) The Secretary shall also keep a stamp, the design of which shall, as nearly as practicable, be the same as the design of the seal of the Tribunal.

(4) A document to which the seal of the Tribunal is required to be affixed may be stamped with the stamp referred to in paragraph (3) and, when so stamped, has the same force and effect as if it had been sealed with the seal of the Tribunal.

(5) All courts and all persons acting judicially shall take judicial notice of the seal or stamp referred to in this regulation affixed to, or stamped on, a document and, in the absence of proof to the contrary, shall presume that it was affixed or stamped by the proper authority.

Registry.
5.—(1) The Tribunal shall have a Registry for the transaction of business relating to the proceedings in the Tribunal and for the keeping of records of all such proceedings.

(2) The Registry shall be situated at such place as the Minister may direct.

(3) The Registry shall be open at the same time and on the same days as the registry of the Subordinate Courts.

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Part III Filing of Documents • Filing of documents
• Quality and size of paper
• English language
• File numbers of proceedings
• Sealing of documents
• Address for service
• Signing of documents

PART III

FILING OF DOCUMENTS

Filing of documents.
6.—(1) Subject to this regulation, filing of a document with the Secretary shall be effected by lodging the document at the Registry at a time when that office is open for business and when the document is accepted for filing by the Secretary or any officer charged with the duty of receiving and filing any documents.

(2) The Secretary, or any officer charged with the duty of receiving and filing any documents, may refuse to accept a document for filing if the document does not substantially comply with the provisions of these Regulations applicable in relation to the document.
(3) The Secretary, or any officer charged with the duty of receiving and filing any documents, shall refuse to accept —

(a) any notice under regulation 16 (2) (d); or

(b) any application or reference to the Tribunal made under any provision of the Act,

if the filing fee of $200 has not been paid in respect thereof.

(4) Where the President has directed that, in respect of each document filed with the Secretary that is included in a specified class of documents, a specified number of copies of the document shall be filed, a person filing a document that is included in that class shall be required to file that number of copies of the document.

Quality and size of paper.
7.—(1) Unless the nature of the document renders it impracticable, every document prepared by a party for use in a proceeding must be on paper of durable quality, approximately 297 millimetres long by 210 millimetres wide, having a margin not less than 20 millimetres wide to be left blank on either side of the paper.

(2) Except where these Regulations otherwise provide, every document prepared by a party for use in a proceeding must be produced by printing, writing (which must be clear and legible) or typewriting otherwise than by means of a carbon, or produced partly by one of those means and partly by another or others of them.

(3) For the purpose of these Regulations, a document shall be deemed to be printed if it is produced by type lithography or stencil duplicating.

(4) Any type used in producing a document for use in a proceeding shall be such as to give a clear and legible impression and must be not smaller than 11 point type for printing or elite type for type lithography, stencil duplicating or typewriting.

(5) Any document produced by a photographic or similar process giving a positive and permanent representation free from blemishes shall, to the extent that it contains a facsimile of any printed, written or typewritten matter, be treated for the purposes of these Regulations as if it were printed, written or typewritten, as the case may be.

English language.
8.—Every document filed with the Secretary, if not in the English language, shall be accompanied by a translation thereof verified by an affidavit of a person who is qualified to translate the document if it is to be received, filed or used in the Subordinate Courts.

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File numbers of proceedings.
9.—(1) The Secretary shall cause a case file number to be allotted to each proceeding.

(2) One case file number may be allotted to all proceedings that, in the opinion of the Secretary, are related to each other.

Sealing of documents.
10.—(1) Every document filed with the Secretary in any proceedings shall show the date on which the document was filed.
(2) Particulars of the time of delivery at the Registry of any document for filing, the date of the document and the title of the proceeding of which the document forms part shall be entered in appropriate books kept in the Registry for the purpose.

(3) Where —

(a) a person is required by or under these Regulations to serve on another person a sealed copy of a document filed with the Secretary; and

(b) a copy of the document is lodged by or on behalf of that person with the Secretary,

the Secretary or any person charged with the duty of receiving and filing any documents shall cause the document to be sealed and returned to the person by whom it was lodged.

Address for service.
11.—(1) A person who files with the Secretary a document instituting, or relating to, a proceeding shall specify in the document an address for service.

(2) Paragraph (1) shall not apply in relation to a document filed in connection with a proceeding if the person filing the document has previously filed a document with the Secretary in connection with that proceeding specifying such an address.

(3) A person who has, in connection with a proceeding, filed with the Secretary a document specifying an address for service may at any time file with the Secretary a notice, in writing addressed to the Secretary and signed by or on behalf of the person, specifying a new address for service.

(4) A person filing a notice in accordance with paragraph (3) shall cause a copy of the notice to be served on every party to the proceedings within 7 days after the notice is filed.

(5) A reference in these Regulations to a document specifying an address for service in relation to a person shall, in relation to a person who has filed a notice in accordance with paragraph (3), be read as a reference to the notice or, if the person has filed more than one such notice, be read as a reference to the later or latest of those notices.

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Signing of documents.
12.—Where, in connection with a proceeding, a person signs a document on behalf of another person, the person signing the document shall state in the document that he is signing the document on behalf of the other person.

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PART IV Service of Documents • Service of documents
• Proof of service

PART IV

SERVICE OF DOCUMENTS

Service of documents.
13.—(1) A document that is required or permitted by or under these Regulations to be served on a person in connection with a proceeding may be served on the person —

(a) where the person has filed a document with the Secretary specifying an address for service—by delivering the document to the person personally or by leaving the document at, or by sending the document by post addressed to the person at, that address; or

(b) where the person has not filed such a document —

(i) if the person is a corporation — by delivering the document personally to the manager or secretary of the corporation, or, if the corporation has a registered office under any written law relating to companies, by leaving it at that office or by sending it by post addressed to the corporation at that office or, if the corporation does not have such a registered office, by sending it by post addressed to the corporation at its principal place of business in Singapore;

(ii) if the person is an organisation other than a corporation — by delivering the document personally to the manager, secretary or other similar officer of the organisation or by sending it by post addressed to the organisation at its principal place of business in Singapore; or

(iii) in any other case — by delivering the document personally to the person or by sending it by post addressed to the person at the address of the place of living or business of the person last known to the person serving the document.

(2) The Tribunal may make an order directing that service of a document that is required or permitted by or under these Regulations to be served be effected in a manner different from the manner provided by paragraph (1) or that service of the document be dispensed with.

Proof of service.
14.—Proof of the service of any document may be given by means of an affidavit.

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PART V Records Royalty System Inquiry Procedure • Application
• Advertisement of intended inquiry by Tribunal into royalty payable in respect of records of works
• Amendments, further particulars, etc., and service of documents before inquiry
• Right of audience at the inquiry
• Procedure

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PART V

RECORDS ROYALTY SYSTEM INQUIRY PROCEDURE

Application.
15.—This Part shall apply in relation to any inquiry by the Tribunal under section 157 of the Act.

Advertisement of intended inquiry by Tribunal into royalty payable in respect of records of works.
16.—(1) The President shall fix the time and place for the commencement of an inquiry by the Tribunal under section 157 of the Act.

(2) The Secretary shall cause to be published in the Gazette and such newspaper or newspapers circulating in Singapore as the President directs, on such date or dates as the President specifies but not being less than 30 days or more than 3 months before the time fixed under paragraph (1), a notice —

(a) stating that the Tribunal has been requested by the Minister charged with the responsibility for trade and industry to hold an inquiry under section 157 of the Act;

(b) specifying the matter to which the inquiry relates, including whether the inquiry is to extend to records generally or to be confined to any class of records and, if the latter, giving a description of the class;

(c) specifying the time and place at which the inquiry is to commence;

(d) specifying the period, not being less than 10 days, within which the person who has a substantial interest in the matter to which the inquiry relates shall, if he wishes to present his case to the Tribunal in relation to the matter, so file a notice in Form 1 of his intention with the Secretary; and

(e) stating that any notice referred to in sub-paragraph (d) must be accompanied by a statement of the nature of the evidence which the person giving the notice proposes to adduce and a list of the documents, if any, which the person proposes to produce or refer to, at the inquiry.

Amendments, further particulars, etc., and service of documents before inquiry.

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17.—(1) At any time before the time fixed for the commencement of the inquiry but not being more than 14 days after the expiration of the period referred to in regulation 16 (2) (d), any person who has, in accordance with regulation 16 (2), filed a notice with the Secretary may file with the Secretary a statement of further particulars of the nature of the evidence which the person wishes to produce or refer to at the inquiry.



(2) Whenever requested by the Tribunal to do so, any person who has, in accordance with regulation 16 (2), filed a notice with the Secretary shall, within such period as may be specified in such request, file with the Secretary —



(a) such further particulars as the Tribunal may request of his statement of the nature of the evidence which he wishes to adduce at the inquiry;



(b) such number of copies as the Tribunal may specify of any document which the person has filed with the Secretary in accordance with these Regulations; and



(c) a copy of any document which the person wishes to produce or refer to at the inquiry.



(3) The Secretary shall cause copies of any documents which have been filed with him by any party to the inquiry in accordance with this Part (other than paragraph (2) (c)) to be served on the other parties to the inquiry and any party to the inquiry shall take all reasonable steps to afford to any other party to the inquiry an opportunity to examine the documents specified in the list accompanying the notice filed by the first-mentioned party under regulation 16 (2) (e), other than such documents as are readily available to that other party without recourse to the party in whose list the documents appear.



Right of audience at the inquiry.

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18.—Any person who has —

(a) filed a notice with the Secretary of his wish to present his case to the Tribunal at the inquiry in accordance with regulation 16 (2);

(b) complied with any request made to it by the Tribunal under regulation 17 (2); and

(c) fulfilled the requirements of regulation 17 (3),

and in relation to whom the Tribunal is satisfied has a substantial interest in the matter to which the inquiry relates shall, for the purposes of these Regulations, be deemed a party to the inquiry and shall be entitled to an opportunity to present his case to the Tribunal at the inquiry.

Procedure.
19.—(1) The procedure at and in connection with the inquiry shall be such as the Tribunal shall in its discretion determine and any evidence shall be admitted at its discretion.
(2) The parties to an inquiry under section 157 of the Act shall be entitled to give evidence and may call witnesses and produce or refer to documents and be given an opportunity to put questions directly to other persons giving evidence, except that no party shall, without the leave of the Tribunal, be entitled to produce or refer to any document not mentioned in the list of documents accompanying the notice filed with the Secretary by that party in accordance with regulation 16, or any amendment thereto, or in any addition to such list filed with the Secretary under regulation 17, unless such document is mentioned in any such list of documents, or any amendment thereto, filed with the Secretary by any other party or has been produced or referred to at the inquiry by any other party.

(3) If any party to the inquiry fails to appear, the Tribunal may proceed with the inquiry in that party’s absence or may adjourn the inquiry until a later date.

(4) Before concluding any inquiry in the absence of any party, the Tribunal shall consider any documents filed with the Secretary by such party in accordance with these Regulations if such documents have been disclosed to the other parties before or at the inquiry.

(5) The Tribunal may, from time to time, adjourn the inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry, no further notice of the inquiry shall be required.