Singapore legislation

Section 140I

of Copyright Act

Section 140I

Provision relating to actions for infringement of copyright

Amended by6/9838/996/986/986/986/986/986/9838/99

(1)

In this section and section 140IA, “infringement action” means an action for an infringement of copyright constituted by the importation of seized copies.

Amended by6/9838/99

(2)

The court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject-matter of the action, allow the person to be joined as a defendant to the action.

Amended by6/98

(3)

An authorised officer is entitled to be heard on the hearing of an infringement action.

Amended by6/98

(4)

In addition to any relief that may be granted apart from this section, the court may —

(a)

at any time, order that the seized copies be released to the importer subject to such conditions, if any, as the court thinks fit;

(b)

order that the seized copies not be released to the importer before the end of a specified period; or

(c)

order that the goods be forfeited to the Government.

Amended by6/98

(5)

A court may not make an order under subsection (4)(a) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized copies.

Amended by6/98

(6)

The Director-General shall comply with an order made under subsection (4).

Amended by6/98

(7)

If —

(a)

the action is dismissed or discontinued, or the court decides that the relevant copyright was not infringed by the importation of the seized copies; and

(b)

a defendant to the infringement action satisfies the court that he has suffered loss or damage as a result of the seizure of the copies,the court may order the objector to pay compensation in such amount as the court thinks fit to that defendant. [Aust. 1968, s. 135AG]

Amended by6/9838/99