Section 31
Section 31
(1)
In this Order, “infringing copy”, in relation to a copyright work, shall be construed in accordance with this section.
(2)
An article is an infringing copy if –
(a)
its making constituted an infringement of the copyright in the work in question; or
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
32
BLUV as at 24th December 2013
(b)
it has been or is proposed to be imported, and its making in Brunei
Darussalam would have constituted an infringement of the copyright in the work, or a breach of an exclusive licence agreement relating to that work.
(3)
Where in any proceedings the question arises whether an article is an infringing copy and it is shown –
(a)
that the article is a copy of the work; and
(b)
that copyright subsists in the work or has subsisted at any time, it shall be presumed until the contrary is proved that the article was made at a time when copyright subsisted in the work.
(4)
In this Order, “infringing copy” includes a copy falling to be treated as an infringing copy under subsection (5) of section 36, subsection (3) of section 39, subsection (5)
of section 40, paragraph (b) of subsection (2) of section 41, subsections (2) and (3) of section 60, subsection (2) of section 67, subsection (4) of section 71, or under an order made under section 152.