39.    Restriction on importation of infringing copies.

          (1)   The owner of copyright in any work may give notice in writing to the Minister ------

                  (a)   that he is the owner of the copyright in the work; and

                  (b)   that he requests the Minister, during the period specified in the 
                          notice, to treat as prohibited goods copies of the work to which this 
                          section applies:

             Provided that the period specified in a notice under this subsection shall not exceed such number of years as may be prescribed by the Minister under subsection (4) and shall not in any case, extend beyond the end of the period for which the copyright is to subsist.

            (2)   This section shall apply to any copy of a work made outside Malaysia the making of which was carried out without the consent or license of the owner of the copyright in the work.

            (3)   Where a notice has been given under this section in respect of a work and has not been withdrawn, the importation of any infringing copies into Malaysia for the duration of the period specified in the notice shall be prohibited:

             (4)   The Minister may make regulations prescribing the form in which notices are to be given under this section and requiring a person giving such notice, either at the time of giving the notice or at the time when the infringing copies are imported, or at both those times, to furnish such evidence and to comply with such other conditions, if any, as may specified in the regulations.

             (5)   Without prejudice to the generally of subsection (4), regulations made under that subsection may include provisions for requiring a person who has given a notice under subsection (1) ------

                    (a)   to pay such fees in respect of the notice as may be prescribed by 
                            the regulations;

                    (b)   to give to the Controller such security as may be prescribed by the 
                            regulations in respect of any liability or expenses which he may 
                            incur in consequence of the detention at any time within the period 
                            specified in the notice of any infringing copies or in consequence of 
                            anything done in relation to a copy so detained;                


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