Section 109
Section 109
(1)
The owner of the copyright in a published literary, dramatic or musical work may give notice in writing to the Controller of Customs –
(a)
claiming that he is the owner of the copyright in the work; and
(b)
requesting the Controller of Customs, for the period specified in the notice, to treat as prohibited goods printed copies of the work which are infringing copies for the purposes of this Order that are or at any time come under customs control.
(2)
The period specified in a notice under subsection (1) shall not exceed five years and shall not extend beyond the period for which copyright subsists.
(3)
The owner of the copyright in a sound recording or film may give notice in writing to the Controller of Customs –
(a)
claiming that he is the owner of the copyright in the work;
(b)
claiming that infringing copies of the work are expected to arrive in
Brunei Darussalam at the time and place specified in the notice; and
(c)
requesting the Controller of Customs to treat as prohibited goods the infringing copies that come under customs control.
(3A)
The period specified in a notice under subsection (1) shall not exceed 5 years and shall not extend beyond the period for which copyright subsists.
(4)
When a notice has been given under this section, the goods to which it relates, unless they have been imported for private and domestic use, shall become prohibited goods for the purposes of the Customs Order, 2006 (S 39/2006) and shall be deemed to have been included in an order made under section 31(1) of that Order, and the provisions of that Order relating to the importation of prohibited goods shall apply accordingly, but a person is not by reason of the prohibition liable to any penalty other than forfeiture of the goods.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
82
BLUV as at 24th December 2013
(5)
A notice given under this section remains in force for the period specified in the notice unless –
(a)
it is revoked by the claimant in writing; or
(b)
the court orders, in proceedings under section 114, that it be discharged.
Determination whether goods are infringing copies.