Singapore legislation

Regulation 51

of Copyright Tribunals (Procedure) Regulations 2021

Regulation 51

Section 471 — in‑force tariff scheme

Subregulation 1

A reference of a tariff scheme to a Tribunal under section 471(2) must —

(a)

be made by —

(i)

the CMO that formulated the tariff scheme;

(ii)

an intending user of the tariff scheme; or

(iii)

an organisation that claims to be representative of intending users of the tariff scheme;

(b)

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

(i)

state whether the person referring the tariff scheme is the CMO, intending user or organisation mentioned in sub‑paragraph (a)(i), (ii) or (iii);

(ii)

specify the class of cases to which the reference relates;

(iii)

state the name of the other party to the dispute that gave rise to the reference; and

(iv)

set out particulars of the matter in dispute;

(c)

request the Tribunal to make an order under section 471(4); and

(d)

be in the specified form.

Subregulation 2

Where the reference is made by an organisation that claims to be representative of intending users of the tariff scheme, the Tribunal must, before determining the question whether the organisation is reasonably representative of the class of persons that it claims to represent, give to the following persons an opportunity to present a case in relation to that question:

(a)

each party to the reference;

(b)

each person who has applied to be made a party to the reference and whose application has yet to be decided.

Subregulation 3

The parties to the reference are —

(a)

the CMO, intending user or organisation referring the tariff scheme;

(b)

if the reference is not made by the CMO that formulated the tariff scheme — that CMO; and

(c)

the organisations or persons (if any) that are made parties to the reference under regulation 34.