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Copyright (Importation Restriction) Regulations, 2000, Saint Lucia

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Latest Version in WIPO Lex
Details Details Year of Version 2000 Dates Entry into force: May 27, 2000 Issued: May 19, 2000 Type of Text Implementing Rules/Regulations Subject Matter Copyright and Related Rights (Neighboring Rights), IP Regulatory Body Notes The notification by Saint Lucia to the WTO under article 63.2 of TRIPS states: 'The Copyright (Importation Restriction) Regulations 2000 provide the details of how this section is to be implemented and identifies the forms, fees and other requirements associated with the administrative procedures.' The Copyright (Importation Restriction) Regulations (also known as the Statutory Instrument-SI No. 113 of 2000) were issued pursuant to section 51 of the Copyright Act, 1995 (Act No. 10 of 1995).

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L'opyright (Jmportation Restriction) Regulations

SAINTLUCIA

STATUTORY INSTRUMENT, 2000, Νο. 113

[ 27th May, 2000 ]

The Minister responsible for Copyright, ίη exercise of the powers confeued οη him by section 51 ofthe CΟΡΥήght Act, 1995 (Νο. 10 of 1995), hereby makes 'the fol1owing Regulations:

Short title

1. These Regulations may be cited as the CΟΡΥήght (Importation Restriction) Regulations, 2000.

Interpretation

2. Ιη these Regulations:

"The Act" means the Copyright Act, 1995; "The Comptrol1er" means the Comptroller of Customs appointed under the Customs (Control and Management) Act, 1990; "notice" means a notice given by a copyright owner to the Comptrol1eI under section 51 (1); and "section" means section of the Act.

Notice

3. ΑηΌtίce shall be ίη the form set out ίη the Schedule οι a form to the like effect approved by the Comptroller; and a separate notice shall be given ίη respect of each work, film or sound recording.

Declaration

4. The notice shall contain full particulars ofthe matteIs specified therein and contain a declaration by the signatory that tlle information given by him ίη the notice is true.

Fee

  1. Αfee of one hundred dollars ($100.00) ίη l'espect ofthe notice shall be paid to the Comptroller at the time it is given.

  2. The person giving the notice shall fumish to the COlnptroller a copy oftlle work, film οι sound recoIding specified ίn tlle notice at the

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time the notice is giνen and at that time οτ at the time the good to \vhich the notice relates are imported shal1 furnish to him such eνidence as he may reasonably require to establisll:

) the person's ownership of the copyright ίn the work, film οτ sound recording;

(b)
that goods detained are infringing copies;
(c)
that a person who has signed the notice as agent is duly authorised.

Security

7. The person giνing notice shal1 giνe security οτ further security within such time and ίη such manner, whether by bond οτ by the deposit of a sιun of money, as the Comptrol1er may require, ίη respect of any liability οτ expense which he may incur ίη consequence ofthe notice by reason of the detention of any article οτ anything done to an article detained.

Indemnity

8. In eνery case, whether any security οτ further security is giνen οτ not, the person who has giνen the notice shall keep the Comptroller indemnified against all such liability and expense as is mentioned ίη regulation 7.

Change

9. The person giνing the notice shall notifY the Comptroller ίη writing of any change ίη the ownership of the copyright ίη the work, film οτ sound recording specified ίη the notice οτ any other change affecting the notice within fourteen days of such change.

Withdrawal

10. The notice shall be deemed to haνe been withdrawn:

) as from the expir)' of fourteen days from any change of ownership of the copyright specified ίη the notice, whether notified to the Comptroller ίη accordance with regulation 9 οτ not; οτ

(b) ifthe person giνing the notice has failed to comply with any requirement ofthese Regulations.

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SCHEDULE

(Regulation 3)

NOTICE Requesting tllat infringing copies of a literary or nlusica! \vork, film, sound recording or computer programme be treated as prohibitcd goods. PARTl ...................... given notice that

FlIll nαιne 0/signaIOI)' ίl1 BLOCK LΕΠΕRS

Name and addI'ess o/O,,'ner 0/CopynghI

is the owner of t!le copyrig!lt ίη t!le \vork, filnι or sonnd recording specified be!ow W!liC!l snbsists under tlle Copyrigllt Act, 1995 and Ι reqnest t11at any infringing copies of tlle said work, filnι or sonnd recording be treated as prohibited goods for a period starting οη ............ and ending οη .................................. ..............................

PART2

Title FIIII name/names 0/aIIIhor/s

labe!, l11arking or statel11ent bonle by filln or sonnd recording or its container. Date copyrig!lt expires

PART:':'

Expected aITiva! of filln 01' sound recording ίη Saint lncia Date .... P!ace ..

PART4

Dec!aration Ι c!ec!are t!lat t!le infOΙ'nιation given by ιηε ίη tl1ίs dec!aration is tnle

Signatιιre ......................... Date ....................................................... .

(Ownel' of copyrig!lt/anthorised agent)

*Delete as apPIΌpl'iate

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NOTES

Please read these notes before completing this notice.

  1. This notice may only be given by the owner of the copyright in a published literary or musical work, or in a film or sound recording, or by a person acting on his behalf.

  2. The period specified in Part 1 shall not exceed 5 years and shall not extend beyond the period for which copyright is to subsist.

  3. A fee of $1 00.00 is payable. Where payment is by cheque such cheque should be made payable to the Accountant General.

  4. A copy of the work, film or sound recording specified in Part 2 should be enclosed.

  5. The person who has given the notice shall keep the Comptroller of Customs indemnified against liability or expense which he may incur as a result of detaining any article or anything done to an article detained because of this notice. You may need to provide the Comptroller of Customs with security to cover this indemnity. You will be infomled when this is required.

6. Part 3 is not obligatory, but please give as many details as possible.

7. Send the completed notice, enclosing fee and a copy of the work, film or sound recording to

The Comptroller of Customs Customs House J eremie Street Castries

Saint Lucia

Dated the 19th day of May, 2000.

PETRUS COMPTON,

Minister responsible for Copyright.


Legislation Implements (1 text(s)) Implements (1 text(s)) WTO Document Reference
IP/N/1/LCA/C/2
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WIPO Lex No. LC004