The Gazette of the Democratic Socialist Republic of Sri Lanka
(oc 1415/18 -2005 wcl®@)l@� 19 8l2 @<)<) - 2005.10.19
No. 1415/18 – WEDNESDAY, OCTOBER 19, 2005
( Published by Authority)
L.D.B. – 01/2005.
REGULATIONS made by the Minister of Trade, Commerce and Consumer Affairs under Section 204 of the Intellectual Property Act, No. 36 of 2003.
JEYARAJ FERNANDOPULLE, Minister of Trade, Commerce and
Consumer Affairs. Ministry of Trade, Commerce and Consumer Affairs, Colombo. 11th October, 2005.
1. These regulations may be cited as the Intellectual Property Regulations No. 01 of 2005 and shall come into operation on 19th October, 2005.
2. (1) The owner of copyright shall, subject to the provisions of the Act, have the right to receive a payment for authorizing to carry out any of the acts specified in section 9 of the Intellectual Property Act (hereinafter referred to as the “Act”) as agreed by such owner and the person who obtains the authorization.
(2) Every performer or producer of a sound recording or broadcasting organization shall, subject to the provisions of the Act, have the right to receive a payment, as agreed by such perfomer or producer of sound recording or broadcasting organization and the person who obtains the authorization, for authorizing to carry out any of the acts referred in sections 17, 18 and 20 of the Act respectively.
3. (1) Every application by a person aggrieved by any of his rights being infringed (hereinafter referred to as the “applicant”) under paragraph (a) of sub-section (3) of section 22 of the Act, shall be made within a period of one month from the date on which the applicant becomes aware of the existence of the dispute to be resolved and such application shall be substantially in the form C 01 set out in the First Schedule hereto. Such application shall be signed by the applicant or his duly appointed Agent.
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4. (1) The Competent Authority referrd to in sub-section (4) of section 24 of the Act shall be the Director General.
5. (1) The application for the registration of a society referred to in paragraph (b) of sub-section (1) of section 25 of the Act shall be substantially in form C 03 set out in the first Schedule hereto and shall be signed by the applicant or his duly appointed Agent.
(6) The Director General may examine all the documents, files and information of and relating to the society.
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For the purpose of these regulations, “qualified auditor” means –
FIRST SCHEDULE
Form C 01 INTELLECTUAL PROPERTY ACT, No. 36 OF 2003 COPYRIGHT AND RELATED RIGHTS APPLICATION FOR DISPUTE RESOLUTION | For official use only Date of Receipt : …………… : …………… | |
---|---|---|
The Applicant | ||
Name : | ||
Address : | ||
Telephone and Fax Nos. and E-mail Address (if any) : | ……………… ……………… ……………… | |
The respondent : | ||
Name : | ||
Address : | ||
Telephone and Fax Nos. and E-mail Address, if available : | ……………… ……………… ……………… | |
The account of the dispute to be resolved (attach extra papers if necessary) : | ||
The relief sought : | ||
I state that the above information are true and correct and request that the Director General will take action to resolve the dispute referred to above and make an appropriate decision. The required affidavits are annexed. ……………………………………………… Signature. Date : ……………………… |
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Form C 02
For official use only
THE INTELLECTUAL PROPERTY ACT, No. 36 OF 2003 Date of Receipt : ……………
FOLKLORE Fees paid on : …………… APPLICATION FOR AUTHORIZATION
Applicant Name : Address : Telephone No. ; Fax No. and
E-mail Address (if any) : ……………… ……………… ………………
Identification of the folklore Concerned : The place of origin, if known : Holders of the folklore, if known : Purposes for which the
Authorization is required : No. of copies to be made : No. of instances to be
performed : No. of instances to be broadcast :
I undertake to limit the use of the Folklore referred to above to the purposes mentioned herein. I shall abide by any other condition that the Director General may impose.
……………………………………………… Signature.
Date : ………………………
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Form C 03 INTELLECTUAL PROPERTY ACT, No. 36 OF 2003 COPYRIGHT AND RELATED RIGHTS APPLICATION FOR THE REGISTRATION OF A SOCIETY AND PERMISSION FOR ISSUING LICENCES | For official use only Date of Receipt : ……… | |
---|---|---|
The Applicant | ||
Name : | ||
Address : | ||
Telephone No. ; Fax No. and E-mail Address : | ……………… ……………… ……………… | |
The area/class of the rights for which the registration and permission is sought : | ||
The details relating to the ability and professional competency of the applicant (Add extra papers if necessary) : | ||
The above information are true and correct. The registration of the society and the permission to issue licences under the Intellectual Property Act, No. 36 of 2003 are requested. A copy of the Constitution / Memorandum and Articles is annexed. ……………………………………………… Signature. Date : ……………………… |
SECOND SCHEDULE
Fees
Copyright and Related Rights
1. Fees for authorization under Section 24 (4).
(iii) Broadcasting - each – Rs. 500.00
PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA.