The Minister responsible for intellectual property, in exercise of the powers conferred by sections 128 and 243 of the Copyright and Designs Act 2004, makes the following Order:

Citation

1.- This Order may be cited as the Copyright and Rights in Performances (Notice of Seizure) Order 2014.

Notice of seizure (copyright)

2.- Form A in the Schedule is prescribed for the notice required under section 128(5) of the Act.

Notice of seizure (rights in performances)

3.- Form B in the Schedule is prescribed for the notice required under section 243(5) of the Act.

SCHEDULE

FORM A

(paragraph 2)

COPYRIGHT AND DESIGNS ACT 2004 NOTICE OF SEIZURE (COPYRIGHT)

To Whom it May Concern

1.- Goods in which you were trading have been seized. This notice tells you who carried out the seizure, the legal grounds on which this has been done and the goods which have been seized and detained. As required by the Copyright and Designs Act 2004, notice of the proposed seizure was given to the Commissioner of Police at (state address) on (date).

Person carrying out seizure

2.- (State name and address)

* acting on the authority of (state name and address).

* Delete if not appropriate.

Legal grounds for seizure and detention

3.- This action has been taken under section 128 of the Act which, subject to certain conditions, permits a copyright owner to seize and detain infringing copies of works found exposed or otherwise immediately available for sale or hire, or to authorise such seizure and detention. The right to seize and detain is subject to any decision of the court under section 142 of the Act (order as to disposal of goods seized and detained).

Nature of the goods seized and detained

4.- Infringing copies of works (within the meaning of section 39 of the Act):

(specify all goods seized)

Signed …………………………………………………………… Date ……………….

FORM B

(paragraph 3)

COPYRIGHT AND DESIGNS ACT 2004 NOTICE OF SEIZURE (RIGHTS IN PERFORMANCES)

To Whom it May Concern

1.- Goods in which you were trading have been seized. This notice tells you who carried out the seizure, the legal grounds on which this has been done and the goods which have been seized and detained. As required by the Copyright and Designs Act 2004, notice of the proposed seizure was given to the Commissioner of Police at (state address) on (date).

Person carrying out seizure

2.- (State name and address)

* acting on the authority of (state name and address).

* Delete if not appropriate.

Legal grounds for seizure and detention

3.- This action has been taken under section 243 of the Act which, subject to certain conditions, permits a person having performer’s rights or recording rights to seize and detain illicit recordings of performances found exposed or otherwise immediately available for sale or hire, or to authorise such seizure and detention. The right to seize and detain is subject to any decision of the court under section 251 of the Act (order as to disposal of goods seized and detained).

Nature of the goods seized and detained

4.- Illicit recordings of performances (within the meaning of section 244 of the Act):

(specify all goods seized)

Signed …………………………………………………………….. Date ……………….

Made this 31st day of January 2014

Minister of Home Affairs