Section 17
Section 17
The owner of copyright in any work may give notice in writing to the Minister-
(a)
that he is owner of the copyright in the work; and
(b)
that he requests the Minister, during a period specified in the notice, to treat as prohibited goods copies of the work to which this section applies:
Provided that the period specified in a notice under this subsection shall not exceed such period of years as may be prescribed by the Minister under subsection (4) and shall in any case not extend beyond the end of the period for which the copyright is to subsist.
(2)
This section applies to any copy of a work made outside Malaysia which, if it had been made in Malaysia would have infringed the copyright in the work; and for the purpose of this section such copies shall be referred to as "infringing copies".
(3)
Where a notice has been given under this section in respect of a work and has not been withdrawn, the importation into Malaysia at a time before the end of the period specified in the notice of any infringing copies shall, subject to the following provisions of this section, be prohibited:
Provided that this subsection shall not apply to the importation of any article by a person for his private and domestic use.
(4)
The Minister may make regulations prescribing the form in which notices are to be given under this section and requiring a person giving such a notice, either at the time of giving the notice or at the time when the infringing copies are imported, or at both those times, to furnish such evidence and to comply with such other conditions (if any) as may be specified in the regulations.
(5)
Without prejudice to the generality of subsection (4), regulations made under that subsection may include provision for requiring a person who has given a notice under subsection (1)—
(a)
to give to the Director General of Customs and Excise such security as may be prescribed by the regulations in respect of any liability or expense which he may incur in consequence of the detention at any time within the period specified in the notice of any infringing copies or in consequence of anything done in relation to a copy so detained;
(b)
whether any such security is given or not, to keep the Director General indemnified against any such liability or expense as is mentioned in paragraph (a).
(6)
Infringing copies shall be liable to forfeiture as if they were prohibited goods under the law relating to customs.
(7)
In this section, "Minister" means the Minister charged with the responsibility for Customs and Excise.