Skip to content
Back to the text

Copyright Tribunals (Procedure) Regulations 2021 · reg 56

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?

The text as we hold it

Open the official text

reg 56Section 474 — application against CMO by intending user (where no tariff scheme applicable or in force)

(1)

An application to a Tribunal under section 474(1)(b) must —

(a)

be made by the person (Y) who claims to require permission in a case where a tariff scheme does not apply, has not been formulated or is not in force;

(b)

set out the circumstances or events giving rise to the application and, in particular, must —

(i)

specify the case in which the grant of permission is required by Y;

(ii)

state the name of the CMO concerned;

(iii)

if section 474(1)(b)(ii)(A) is applicable — specify the date or the approximate date on which Y requested the CMO to grant permission or to procure the grant of permission; and

(iv)

if section 474(1)(b)(ii)(B) is applicable — specify the terms that the CMO proposes that the grant of permission should be subject to and that are claimed by Y to be unreasonable;

(c)

request the Tribunal to make an order under section 474(4); and

(d)

be in the specified form.

(2)

The parties to the application are —

(a)

the CMO concerned; and

(b)

Y.

Subregulation 1

An application to a Tribunal under section 474(1)(b) must —

(a)

be made by the person (Y) who claims to require permission in a case where a tariff scheme does not apply, has not been formulated or is not in force;

(b)

set out the circumstances or events giving rise to the application and, in particular, must —

(i)

specify the case in which the grant of permission is required by Y;

(ii)

state the name of the CMO concerned;

(iii)

if section 474(1)(b)(ii)(A) is applicable — specify the date or the approximate date on which Y requested the CMO to grant permission or to procure the grant of permission; and

(iv)

if section 474(1)(b)(ii)(B) is applicable — specify the terms that the CMO proposes that the grant of permission should be subject to and that are claimed by Y to be unreasonable;

(c)

request the Tribunal to make an order under section 474(4); and

(d)

be in the specified form.

Subregulation 2

The parties to the application are —

(a)

the CMO concerned; and

(b)

Y.