(c)   Whether any such security is given or not, to keep the Controller indemnified against any such liability or expenses referred to in paragraph (b).

        (6)   Any Assistant Controller, police officer not below the rank of Inspector or any officer of Customs may search for and seize any infringing copies which are prohibited from being imported into Malaysia under subsection (3).

        (7)   Whenever any infringing copies are seized under this section, the seizing officer shall forthwith give notice in writing of such seizure and the grounds thereof to the owner of the infringing copies if known, either by delivering such notice to him personally or by post at his residence, if known:

          Provided that such notice shall not be required to be given where such seizure is made on the person, or in the presence of the offender or the owner or his agent, or in the case of a vessel or aircraft, in the presence of the master or pilot, as the case may be.

        (8)   Infringing copies shall be liable to forfeiture as if they were prohibited goods under the law relating to Customs.


40.    Back-up copy of computer program.

          (1)   Subject to subsection (2), the copyright in a literary work in the form of a computer program is not infringed by the making of a reproduction of the work or of a computer program being an adaptation of the work, if ------

                   (a)   the reproduction is made by, or on behalf of, the owner of the copy 
                           (in this section referred to as "the original copy") from which the 
                            reproduction is made; and

                   (b)   the reproduction is made for the purpose only of being used, by or 
                           on behalf of the owner of the original copy, in lieu of the original copy 
                           in the event that the original copy is lost, destroyed or rendered 
                           unusable.

            (2)   Subsection (1) does not apply to the making of a reproduction of a computer program, or of an adaptation of a computer program -----

                   (a)   from an infringing copy of the computer program; or

                   (b)   contrary to an express direction by or an behalf of the owner of the 
                           copyright in the computer program give  to the owner of the original 
                           copy not later than the time when the owner of the original copy 
                           acquired the original copy.

    


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