Revised Laws of Saint Lucia (2021)

Copyright (Importation Restriction) Regulations – Section 153

(Statutory Instrument 113/2000)

S.I. 113/2000 .. in force 27 May 2000

ARRANGEMENT OF REGULATIONS

1.Citation
2.Interpretation
3.Notice
4.Declaration
5.Fee
6.Evidence
7.Security
8.Indemnity
9.Change
10.Withdrawal
Schedule

COPYRIGHT (IMPORTATION RESTRICTION) REGULATIONS – SECTION 153

Commencement [27 May 2000]

1.   Citation

These Regulations may be cited as the Copyright (Importation Restriction) Regulations.

2.   Interpretation

In these Regulations—

Act” means the Copyright Act;

Comptroller” means the Comptroller of Customs appointed under the Customs (Control and Management) Act;

notice” means a notice given by a copyright owner to the Comptroller under section 50(1); and

section” means section of the Act.

3.   Notice

A notice shall be in the form set out in the Schedule or a form to the like effect approved by the Comptroller; and a separate notice shall be given in respect of each work, film or sound recording.

4.   Declaration

The notice shall contain full particulars of the matters specified therein and contain a declaration by the signatory that the information given by him or her in the notice is true.

5.   Fee

A fee of $100 in respect of the notice shall be paid to the Comptroller at the time it is given.

6.   Evidence

The person giving the notice shall furnish to the Comptroller a copy of the work, film or sound recording specified in the notice at the time the notice is given and at that time or at the time the good to which the notice relates are imported shall furnish to him or her such evidence as he or she may reasonably require to establish—

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    (a)     the person's ownership of the copyright in the work, film or sound recording;

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    (b)     that goods detained are infringing copies;

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    (c)     that a person who has signed the notice as agent is duly authorised.

7.   Security

The person giving notice shall give security or further security within such time and in such manner, whether by bond or by the deposit of a sum of money, as the Comptroller may require, in respect of any liability or expense which he or she may incur in consequence of the notice by reason of the detention of any article or anything done to an article detained.

8.   Indemnity

In every case, whether any security or further security is given or not, the person who has given the notice shall keep the Comptroller indemnified against all such liability and expense as is mentioned in regulation 7.

9.   Change

The person giving the notice shall notify the Comptroller in writing of any change in the ownership of the copyright in the work, film or sound recording specified in the notice or any other change affecting the notice within 14 days of such change.

10.   Withdrawal

The notice shall be deemed to have been withdrawn—

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    (a)     as from the expiry of 14 days from any change of ownership of the copyright specified in the notice, whether notified to the Comptroller in accordance with regulation 9 or not; or

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    (b)     if the person giving the notice has failed to comply with any requirement of these Regulations.

Schedule

(Regulation 3)

NOTICE

Requesting that infringing copies of a literary or musical work, film, sound recording or computer programme be treated as prohibited goods.

PART 1
I ................................................................................................................... given notice that
     Full name of signatory in BLOCK LETTERS
.....................................................................................................................
Name and address of Owner of Copyright
.....................................................................................................................
is the owner of the copyright in the work, film or sound recording specified below which subsists under the Copyright Act and I request that any infringing copies of the said work, film or sound recording be treated as prohibited goods for a period starting on ................................. and ending on ....................................
PART 2
Title ..............................................................................................................
Full name/names of author/s
.....................................................................................................................
Label, marking or statement borne by film or sound recording or its container.
Date copyright expires
PART 3
Expected arrival of film or sound recording in Saint Lucia
Date ................................................................
Place ...............................................................
PART 4
Declaration
I declare that the information given by me in this declaration is true
Signature .........................................Date ......................................
(Owner of copyright/authorised agent)
*Delete as appropriate
NOTES

Please read these notes before completing this notice.

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    1.   This notice may only be given by the owner of the copyright in a published literary or musical work, or in a film or sound recording, or by a person acting on his or her behalf.

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    2.   The period specified in Part 1 shall not exceed 5 years and shall not extend beyond the period for which copyright is to subsist.

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    3.   A fee of $100 is payable. Where payment is by cheque such cheque should be made payable to the Accountant General.

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    4.   A copy of the work, film or sound recording specified in Part 2 should be enclosed.

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    5.   The person who has given the notice shall keep the Comptroller of Customs indemnified against liability or expense which he or she may incur as a result of detaining any article or anything done to an article detained because of this notice. You may need to provide the Comptroller of Customs with security to cover this indemnity. You will be informed when this is required.

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    6.   Part 3 is not obligatory, but please give as many details as possible.

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    7.   Send the completed notice, enclosing fee and a copy of the work, film or sound recording to—

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    The Comptroller of Customs, Customs House

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    Jeremie Street, Castries

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    Saint Lucia

Copyright (International Organisations) Order – Section 153

(Statutory Instrument 112/2000)

S.I. 112/2000 .. in force 27 May 2000

ARRANGEMENT OF REGULATIONS

1.Citation
2.Application to International Organisations

COPYRIGHT (INTERNATIONAL ORGANISATIONS) ORDER – SECTION 153

Commencement [27 May 2000]

1.   Citation

This Order may be cited as the Copyright (International Organisations) Order.

2.   Application to International Organisations

It is hereby declared to be expedient that section 154 of the Copyright Act (copyright vesting in certain international organisations) shall apply to—

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         Caribbean Broadcasting Union

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         Caribbean Community

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         Caribbean Development Bank

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         Organisation of American States

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         Organisation of Eastern Caribbean States

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         United Nations

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         Specialised Agencies of the United Nations

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         World Trade Organisation.