Section 39 — COPYRIGHT ACT 1987

(1A)

The application under subsection (1)—

(a)

shall be in such form as may be prescribed;

(b)

shall state that the person named in it is the owner of the copyright; and

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(c)

shall be supported by such documents and information, and accompanied by such fee, as may be prescribed.

(2)

This section shall apply to any copy of a work made outside

Malaysia the making of which was carried out without the consent or licence of the owner of the copyright in the work.

(2A)

Upon receipt of the application under subsection (1), the

Controller shall determine the application and the Controller shall within a reasonable period inform the applicant by a written notice whether the application has been approved and specify the period during which the copies shall be treated as infringing copies.

(3)

Where the application is approved by the Controller in respect of a work and the application is not withdrawn, the importation of any infringing copies into Malaysia for the duration of the period specified in the Controller’s notice shall be prohibited:

Provided that this subsection shall not apply to the importation of any copy by a person for his private and domestic use.

(4)

(Deleted by Act A1082).

(5)

The Controller shall require any person making an application under subsection (1)—

(a)

to deposit a security which in the Controller’s opinion is sufficient to reimburse the Government for any liability or expenses which may be incurred in consequence of the detention at any time within the period specified in the

Controller’s notice of any infringing copies or in consequence of anything done in relation to a copy so detained; and

(b)

whether or not a security is given, to keep the Controller indemnified against any liability or expenses referred to in paragraph (a).

(6)

Any Assistant Controller, police officer not below the rank of Inspector or any officer of Customs, with or without application

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under subsection (1), may search for and seize any infringing copies which are prohibited from being imported into Malaysia.

(7)

Whenever any infringing copies are seized under this section, the seizing officer shall forthwith give notice in writing of such seizure and the grounds thereof to the owner of the infringing copies if known, either by delivering such notice to him personally or by post at his residence, if known:

Provided that such notice shall not be required to be given where such seizure is made on the person, or in the presence of the offender or the owner or his agent, or in the case of a vessel or aircraft, in the presence of the master or pilot, as the case may be.

(8)

Infringing copies shall be liable to forfeiture as if they were prohibited goods under the law relating to Customs.

(9)

The Minister may make such regulations as he thinks necessary or expedient for the purpose of this section.

Application of sections 36, 37, 38 and 39 to performers’ right