WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/BRB/C/2 
8 December 2011 
 (11-6373) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:  English/ 
 anglais/ 
 inglés 
   
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
BARBADOS 
 
 The present document reproduces the text1 of the Copyright Tribunal Regulations 2004, as 
notified by Barbados on 14 Ja nuary 2011 under Article 63.2 of the Agreement (see document 
IP/N/1/BRB/3). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
PRINCIPALES LOIS ET RÉGLEM ENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
BARBADE 
 
 Le présent document contient le texte1 du Règlement de 2004 du Tribunal du droit d'auteur, 
notifié par la Barbade le 14 janvier 2011 au titre de  l'article 63:2 de l'Accord (voir le document 
IP/N/1/BRB/3).   
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NO TIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
BARBADOS 
 
  En el presente documento se reproduce el texto
1 del Reglamento del Tr ibunal de Derecho de 
Autor, de 2004, notificado por Barbados el 14 de enero de 2011 en virtud de lo dispuesto en el 
párrafo 2 del artículo 63 del Acuer do (véase el documento IP/N/1/BRB/3). 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/BRB/C/2 
Page 3 
 
 
   
Statutory Instruments Supplement No. 32 
Supplement to Official Gazette No. 57 dated 8th July, 2004 
 
 
COPYRIGHT TRIBUNAL REGULATIONS 
 
Arrangement of Regulations 
 
 
Regulations  
 
1. Citation and Commencement.   
2. Interpretation.  
 
References and applications with respect to 
Licensing Schemes 
 3. Commencement of proceedings under sections 87, 88 and 89 of the Act.  
 4. Determination by Tribunal as to whether to entertain reference.  
 5. Application to be joined as a party.   
6. Written response by operator of scheme or intervener.  
 7. Amendment of statement of case and answer.   8. Settlement of preliminary matters.  
 
9. Consolidation of proceedings.  
 10. Procedure and evidence at hearing.   
11. Representation and rights of audience.  
 12. Withdrawal of reference or application.   13. Decision of Tribunal.   
14. Order under section 87 or 88 of the Act.  
 15. Commencement of proceedings under section 90 of the Act.  
 16. Application for special leave to review order.  
 
17. Application for review of an order.   18. Commencement of proceedings under section 94 of the Act.  
 19. Proceedings re the grant of renewal of licences.  
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Page 4 
 
 
  20. Application for special leave to review order.  
 21. Application for review of an order under section 96 of the Act.  
 
22. Order of Tribunal upon a review.   
Application to settle the royalty or other sum payable 
 23. Commencement of proceedings under section 99 of the Act.  
 24. Review by the Tribunal of an or der made under section 77 of the Act.  
 
Application for Tribunal's consent on behalf of performer 
 25. Commencement of proceedings under section 126 of the Act.  
 26. General considerations re validity of claim   
Appeal to the Court from decision of tribunal and suspension  
of tribunal's orders 
 
27. Notice of appeal.   28. Application for suspension of order.   
29. Intervener's application.  
 30. Effect of suspension of order.   
Miscellaneous and general 
 
31. Direction for dispensing with service.   32. Extension of time limits.   
33. Failure to comply with directions.  
 34. Inspection of Orders by public.   35. Fees.   
36. Power of Tribunal to regulate procedure.  
 
FIRST SCHEDULE  
 
SECOND SCHEDULE IP/N/1/BRB/C/2 
Page 5 
 
 
  S.l. 2004 No. 83  
 
Copyright Act  
Cap. 300 
 
COPYRIGHT TRIBUNAL REGULATIONS, 2004 
 
 
The Minister in exercise of the powers conferred on him by sections 103 and 148 of the 
Copyright Act , makes the following Regulations:  
 
Citation and commencement.  
 1. These Regulations may be cited as the Copyright Tribunal Regulations, 2004 .  
 
Interpretation. 
 2.  (1)  In these Regulations, unless the context otherwise requires  
 
"applicant" means a person or organisation that has referred a matter or made an application to the 
Tribunal;  
 "Chairman" means the person so designat ed by the members of the Tribunal;  
 "intervener" means a person or or ganisation who has applied under regul ation 5 or 29 to be joined as a 
party to the proceedings;  
 "organisation" means an organisation that claims to  be representative of persons claiming that they 
require licences in cases of a description to which a licensing scheme would apply, either generally or in relation to any description of case;  
 
"proceedings" means proceedings in respect of a refe rence or an application before the Tribunal;  
 "secretary" means the person appointed to perform the secretarial duties for and on behalf of the 
Tribunal; and  
 
"Tribunal" means the Copyright Tribunal.   
(2)  The parties to any proceeding respecti ng a reference or application under the Act 
shall be,   
(a)  the applicant;  
 
(b)  the person or organisation in respect of which the reference or application is made 
who indicates, in accordance with the Regulations, the willingness of that person or organisation to be part of the proceedings; and  
 
(c)  a person or organisation who applies to the Tribunal to be joined as a party and whose 
application is approved.  
 IP/N/1/BRB/C/2 
Page 6 
 
 
  References and applications with respect to Licensing Schemes 
 
Commencement of proceedings under sections 87, 88 and 89 of the Act.  Form 1.  
 
3.  (1)  Proceedings in relation to a reference or  an application with respect to a licensing 
scheme shall be commenced by the service on th e secretary by the applicant of a notice in Form 1 , in 
the case of a reference under section 87 or 88, of the Act together with a statement of the applicant's 
case. 
 
(2)  Within 14 days after receipt of the no tice referred to in paragraph (1) the secretary 
shall serve a copy of the notice, together with a c opy of the applicant's statement, on the operator of 
the licensing scheme named in the notice.   Determination by Tribunal as to whether to entertain reference.  
 4.  (1)  Where a reference is made to it under sec tion 87 or 88 of the Act, the Tribunal shall, 
as soon as practicable after the receipt of the appl icant's notice, decide whether to entertain the 
reference and shall notify the applicant of its decision.   
(2) The Tribunal shall not make a decision to entertain a reference under section 87, 88 
or 89 of the Act, unless it is reasonably satisfied, where the applicant is an organisation, that the 
organisation is representative of the class it claims to represent.   
(3)  The Tribunal, for the purpose of paragraph 2,  
 
(a)  may permit such oral or written repr esentations as it considers necessary in the 
circumstances of the case;   
(b)  shall cause a notice to be placed in at least one daily newspaper published in 
Barbados, informing of the application a nd inviting any person who has grounds for 
objecting to the reference being made by th e applicant to submit the objections, in 
writing, to the Tribunal within 30 days of the publication of the notice.  
 
(4)  Where the Tribunal  
 
(a)  decides to entertain the reference, it shall give such directions as to the taking of any 
steps required or authorised under these Regul ations or as to any further matter, as the 
Tribunal thinks fit;   
(b)  declines to entertain the reference, it sha ll direct that no further proceedings shall be 
taken by any party in connec tion with the reference.  
 
Application to be joined as a party.  
 5.  (1)  A person or organisation that desires to be  joined as a party to proceedings before the 
Tribunal shall apply to the Tribunal to be so joined.  
 
Form 2. First Schedule. 
 
(2)  An application referred to in paragraph (1) shall be in Form 2  as set out in the First 
Schedule . 
 IP/N/1/BRB/C/2 
Page 7 
 
 
  (3)  The Tribunal may permit a person or or ganisation who makes an application referred 
to in paragraph (2) to be joined as a party to the proceedings before the Tribunal, where the person or 
organisation establishes to the satisfaction of the Trib unal that it has a substantial interest in the matter 
which is the subject of the proceedings, whether or  not the proceedings have already commenced.  
 
(4)  The secretary to the Tribunal, within 14 days of a decision by the Tribunal to permit a 
joinder referred to in paragraph (3 ), shall notify, in writing, each party to the proceedings of every 
person or organisation that has been permitte d to join as a party to the proceedings.  
 
Written response by operator of scheme or intervener. 
 6.  (1)  The operator of the licensing scheme shall,  within 28 days of the service on him of a 
copy of the applicant's statement of case in acco rdance with regulation 3(2), serve on the secretary a 
written answer to the applicant's statement setting out his case.  
 
(2)  Within 21 days after receipt of a no tification referred to in regulation 5(4), an 
intervener shall serve on the secretary a statement of the case he intends to make.   
(3)  The secretary shall serve a copy of th e case or answer on every other party to the 
proceedings within 10 days of the receipt thereof.  
 Amendment of statement of case and answer. 
 7.  (1)  Subject to paragraph (3), a party may at any time before the commencement of the 
proceedings amend his statement of case or answer by serving on the secretary the amended statement 
or answer.  
 
(2)  On being served with an amended statem ent of case or answer, the secretary shall as 
soon as practicable serve a copy thereof on every other party.   
(3)  No statement of case or answer shall be amended after the commencement of the 
proceedings, without the leave of the Tribunal.   Settlement of preliminary matters. 
 
8.  Upon the expiration of the time specified by re gulation 6(1) for the service on the secretary of 
a statement of case or answer, the Chairman shall notify each party to the proceedings of the date 
appointed for the settlement of preliminary matte rs prior to the conduct of the proceedings.  
 Consolidation of proceedings.  
 
9.  Where there is pending before the Tribunal mo re than one reference under section 87 or 88 of 
the Act relating to the same licensing scheme, the Chai rman may if he thinks fit, either of his own 
motion or on an application made by a party to the proceedings, order that some or all the references 
or applications, as the case may be, shall be considered together.   
Procedure and evidence at hearing.  
 
10.  (1)  Every party to a proceeding before the Tribunal shall be entitled to attend the hearing, 
to address the Tribunal, to give evidence and call witnesses.  
(2)  A hearing of the Tribunal shall be public except where the Tribunal orders otherwise 
in the interest of maintaining the confidentiality of any information disclosed to the Tribunal.  IP/N/1/BRB/C/2 
Page 8 
 
 
   
(3)  Evidence before the Tribunal shall be given orally or by affidavit.  
 
Representation and rights of audience.  
 
11.  (1)  A party to proceedings before the Tr ibunal may appear on his own behalf or may be 
represented by his attorney-at-law or an agent.   
(2)  A party that has appointed an agent to  represent him shall notify the Tribunal, in 
writing, of the appointment.   
(3)  An agent appointed by a party shall be deem ed to continue to have authority to act for 
such a party until the Tribunal has been notified, in writing, of the termination of his appointment.  
 
Withdrawal of reference or appli cation. Form 3. First Schedule. 
 
12.  (1)  An applicant may withdraw his referen ce or application at any time before it has been 
finally disposed of by giving notice in Form 3  as set out in the First Schedule , of the withdrawal to the 
Tribunal.  
 
(2)  An applicant who has withdrawn his refere nce or application shall serve a copy of the 
notice on every other party to the proceedings and info rm the secretary of the date of such service.  
 Form 4. First Schedule. 
 
(3)  Any party to the proceedings may, with in 14 days of the receipt of the notice of 
withdrawal apply to the Tribunal in Form 4  as set out in the First Schedule  for an order that, 
notwithstanding such withdrawal, the reference or application should pr oceed to be determined by the 
Tribunal.   
(4)  Where the Tribunal decides to proceed with  such reference or application it may, for 
that purpose, substitute the party referred to in para graph (3) as the applicant in the matter before the 
Tribunal.   Decision of Tribunal.  
 13.  (1)  The Tribunal, at the conclusion of a hearing, shall make an order respecting the 
reference or application made to it, and shall incl ude a statement of the reasons for the decision.  
 Order under section 87 or 88 of the Act.  
 
14.  An order made in respect of a reference under section 87 or 88 of the Act  
 
(a)  may confirm the proposed scheme;  
 (b)  may vary the proposed scheme generally or only as it relates to the particular cases 
submitted in the reference; or  
 (c)  shall specify the period for which it shall be in effect.  
 IP/N/1/BRB/C/2 
Page 9 
 
 
  Commencement of proceedings under section 90 of the Act. Form 5. First Schedule.  
 
15.  (1)  Proceedings in respect of a refere nce under section 90 of the Act, regarding the 
failure to grant a licence or the inclusion of unr easonable terms in the licence shall be commenced by 
the service of a notice in Form 5  as set out in the First Schedule .  
 
(2)  Regulations 5 to 13 shall apply to the proceedings referred to in paragraph (1).  
 
(3)  The Tribunal, where it is reasonably satisfi ed that the claim of the applicant is well-
founded, shall make an order for the grant of a li cence on such terms as are set out in the order.  
 
(4)  The order referred to in paragraph (3) shall specify  
 
(a)  that it is of indefinite duration; or  
 
(b)  the period for which it shall be in effect.  
 Application for special leave to review order. Form 6. First Schedule. 
 
16.  (1)  A person or organisation that desires to have the Tribunal review an order made by it 
under section 87, 88 or 90 of the Ac t shall apply to the Tribunal in Form 6  as set out in the First 
Schedule  for leave to review the order.  
  (2)  An application referred to in paragra ph (1) shall set out the grounds upon which the 
application is made.  
 
(3)  The Tribunal shall within 14 days of the rece ipt of the application, notify the applicant, in 
writing of the grant or refusal of leave.   Application for review of an order. Form 7. First Schedule.  
 17.  (1)  An application for the review by the Tribunal of a scheme in accordance with 
section 89(2) or an order under secti on 91 of the Act shall be made in Form 7  as set out in the First 
Schedule and shall be accompanied by a statement of the grounds for the application.  
 
(2)  The person making an application referred to in paragraph (1) shall serve a notice of 
the application and the statement that accompanied the application on every person who was a party to the reference in respect of which the existing order had been made.   
(3)  Within 14 days of the service upon a person of a notice referred to in paragraph (2), 
that person may make representations, in writing, to the Tribunal regarding the application for review, 
and shall serve a copy of any such representations  on the applicant and inform the secretary of the 
date of such service.   
(4)  The Tribunal may receive and consider such representations, from the applicant or a 
person on whom a notice was served, as it consid ers necessary in making a decision regarding the 
application for the review.  
 
(5)  The Tribunal shall make an order  
 
(a)  in respect of a review under section 89 of the Act, confirming or varying the scheme 
as it relates to cases of the description to which the reference relates;  
 IP/N/1/BRB/C/2 
Page 10 
 
 
  (b)  in respect of a review under section 91 of the Act, confirming or varying the existing 
order.  
 
(6)  The Tribunal shall, as soon as practicable after making its decision, notify in writing, 
the applicant and any other person who made re presentations to it, of that decision.  
 
(7)  Where on any further reference or appli cation for review of the Tribunal's order under 
section 89 or 91 of the Act the Tribunal has varied th e licensing scheme it shall in such a case annex 
to the decision a copy of the scheme as so varied.  
 Commencement of proceedings under section 94 of the Act. Form 8. First Schedule.  
 
18.  (1)  A prospective licensee, pursuant to  section 94 of the Act, may, by notice in Form 8  as 
set out in the First Schedule , refer the terms on which a licensing body proposes to grant a licence, to 
the Tribunal.  
 
(2)  The notice shall be accompanied by a statement containing the grounds on which the 
prospective licensee is challenging the pr oposed terms of the licensing body.  
 
(3)  The Tribunal shall, as soon as practicable after the receipt of the applicant's notice, 
decide whether to entertain the reference and may for that purpose, at its discretion, allow 
representations, in writing, to be made by th e applicant or the licensing body or both.  
 
(4)  Where after it has considered the refe rence and any representations referred to in 
paragraph (3), the Tribunal  
 
(a)  decides to entertain the reference, it shall give such directions as to the taking of any 
steps required or authorised under these Regul ations, or as to any further matter as the 
Tribunal thinks fit, and  
 
(b)  declines to entertain the reference, it sha ll direct that no further proceedings shall be 
taken by any party in connec tion with the reference.  
 
(5)  The Tribunal shall, in writing, notify the a pplicant of its decision to entertain or not to 
entertain the reference, as the case may be, and shall,  where it decides to ente rtain the reference also 
notify the applicant of the date for the commencement of the proceed ings respecting the reference.  
 
(6)  The applicant shall, where the Tribunal decides to entertain the reference, serve on 
the licensing body, a copy of the notice, the accompanying statement and the date appointed by the Tribunal for the hearing of the matter.   
(7)  The decision of the Tribunal shall be in  writing and shall include a statement of its 
reasons.   
(8)  The secretary shall serve a copy of the decision referred to in paragraph (7) on the 
applicant and the licensing body.  
 
(9)  Regulations 5 to 13 shall apply to pr oceedings referred to in this regulation.  
 Proceedings re the grant of renewal of licences. Form 8.  
 19.  (1)  Proceedings respecting an applicati on for the renewal of licences under section 95 of 
the Act shall be commenced by  the service of a notice, in Form 8 , on the secretary by the applicant.  IP/N/1/BRB/C/2 
Page 11 
 
 
   
(2)  The application shall be accompanied by a statement in writing containing the facts 
on which the applicant relies to show that it is unreasonable that the licence should cease to be in 
force.  
 
(3)  As soon as practicable after receipt of the notice referred to in paragraph (1), the 
secretary shall serve a copy of the notice, together  with a copy of the applicant's statement on the 
licensing body named in the notice.  
 
(4)  Regulations 7 and 10 to 13 apply to th e proceedings before the Tribunal respecting 
the application referred to in this regulation.   
(5)  Where the Tribunal is satisfied that th e application is well-founded, an order made 
respecting an application referred to in this regulation shall  
 
(a)  declare that the licensee shall continue to  be entitled to the benefit of the licence;  
 
(b)  contain such terms as the Tribunal considers reasonable in the circumstances; and  
 
(c)  shall indicate the period during which the order shall be in force.  
 Application for special leave to review order. Form 6. First Schedule.  
 20.  (1)  A person or organisation that desires to have the Tribunal review an order made by it 
under sections 94 and 95 of the Act shall apply to the Tribunal in Form 6  as set out in the First 
Schedule  for leave to review the order.  
 
(2)  An application referred to in paragra ph (1) shall set out the grounds upon which the 
application is made.   
(3)  The Tribunal shall within 14 days of the receipt of the application, notify the 
applicant, in writing of the grant or refusal of leave.   Application for review of an order u nder section 96 of the Act. Form 7.  
 
21. (1)  An application for the review under sec tion 96 of the Act of an order made under 
section 94 or 95 of the Act, shall be made by notice in Form 7  served on the Tribunal within 28 days 
of the making of the order by the Tribunal.   
(2)  As soon as practicable after receipt of the notice referred to in paragraph (1), the 
secretary shall serve a copy of the notice on any person who is affected by the existing order made 
under section 94 or 95 of the Act.  
 
(3)  Within 14 days of the service upon a person of a notice referred to in paragraph (2), 
that person may make representations, in writing, to the Tribunal regarding the application for review 
and shall serve a copy of any such representations  on the applicant and inform the secretary of the 
date of such service.  
 
(4)  The Tribunal may receive and consider such representations, referred to in 
paragraph (3), from the applicant or a person on whom a notice was served, as it considers necessary 
in making a decision regarding the application for the review.   IP/N/1/BRB/C/2 
Page 12 
 
 
  Order of Tribunal upon a review. 
 
22.  (1)  The Tribunal on the conclusion of proceedings conducted in accordance with 
regulation 21, may make an order confirming or va rying the existing order to which the application 
relates, as the Tribunal determines to be reasonable in the circumstances.   
(2)  An order referred to in paragraph (1) may direct  
 
(a) the amount to be paid for the licence or th e undertaking to be given by the licensee to 
pay the amount charged when it is ascertained;  
 (b)  whether the benefit of the order may be assigned.  
 
(3)  The Tribunal shall in the order direct th e date on which the order shall take effect.  
 
(4)  The Tribunal shall, as soon as practicable after making its decision, notify in writing, 
the applicant and any other person who made re presentations to it, of that decision.  
 
Application to settle the royalty or other sum payable 
 
Commencement of proceedings under section 99 of the Act. 
 Form 9. 
 23.  (1)  Proceedings in relation to an application under section 99 of the Act  
 
(a)  to determine the royalty to be paid in respect of the rental of copies of sound 
recordings, films or computer programmes pursuant to section 77 of the Act; and  
 (b)  to vary an order previously made by the Tribunal  
 
shall be commenced by the service of a notice in Form 9  on the secretary by the copyright owner or 
the person claiming to be treated as licensed by him t ogether with a statement of the applicant's case.  
 
(2)  Where a notice is served on the secretary under paragraph (1) the secretary shall serve 
a copy thereof together with the statement of  the applicant's case, on the other party.  
 Form 6. 
 
(3)  An application under section 99(4) of the Act for the special leave of the Tribunal 
shall be made by the service on the secr etary by the applicant of a notice in Form 6  together with a 
statement of the grounds for the application.  
 
(4)  The Tribunal shall within 14 days of the receipt of the application, notify the 
applicant, in writing of the grant or refusal of leave.   
Review by the Tribunal of an order made under section 77 of the Act.  
 
24.  (1)  As soon as practicable after receipt of  the notice referred to in paragraph (1) of 
regulation 23, the secretary shall serve a copy of the notice on any person who is affected by the 
existing order made under section 94 or 95 of the Act.   IP/N/1/BRB/C/2 
Page 13 
 
 
  (2)  Within 14 days of the service upon a person of a notice referred to in paragraph (2) of 
regulation 23, that person may make representati ons, in writing, to the Tribunal regarding the 
application for review, and shall serve a copy of any such representations on the applicant and inform 
the secretary of the date of such service.  
 
(3)  The Tribunal may receive and consider such representations, from the applicant or a 
person on whom a notice was served, as it consid ers necessary in making a decision regarding the 
application for the review.  
 
(4)  The Tribunal, on the conclusion of pro ceedings conducted in accordance with this 
regulation, may make an order confirming or vary ing the existing order as the Tribunal determines to 
be reasonable in the circumstances.   
(5)  The Tribunal shall, as soon as practi cable after making its decision, notify the 
applicant and any other person who made representa tions to it, in writing, of that decision.  
 
(6)  Where the Tribunal makes an order vary ing an existing order, the Tribunal shall 
specify in the order the date on which the order takes effect.   
Application for Tribunal's consent on behalf of performer 
 
Commencement of proceedings under section 126 of the Act. Form 10.  
 25.  (1)  Proceedings under section 126 of the Act for the Tribunal's consent, on behalf of the 
performer, to the making of a recording from a previous recording of a performance shall be 
commenced by the service by the applic ant on the secretary of a notice in Form 10.   
 
(2)  Where a notice has been served in accord ance with paragraph (1), the Tribunal, for 
the purposes of determining   
(a)  whether the identity or whereabouts of a performer can be ascertained; or  
 (b)  whether the consent of a performer has been withheld for the protection of 
illegitimate interest,  
 
shall cause a notice, to be published, not less than  2 times, in a newspaper published daily in this 
Island.   
(3)  A notice referred to in paragraph (2) shall  
 
(a)  set out the relevant particulars of the matter; and  
 
(b)  request information on the identity or whereabouts of the performer.  
 
(4)  On the expiration of 28 days from the date of the publication of the notice, or the date 
of publication of the last such notice, the Tribunal, on being satisfied  
 
(a)  that the identity or whereabouts of  the performer cannot be ascertained;  
 (b)  that the factors set out in section 126(4) of the Act have been taken into account,  
 may make an order giving its consent on such terms as it thinks fit.  
 IP/N/1/BRB/C/2 
Page 14 
 
 
  (5)  A performer in respect of whom an application made under section 126 of the Act 
relates, may within the period referred to in para graph (3), serve on the secretary his answer setting 
out his case and the grounds for the withholding of his consent.  
 
(6)  Regulations 10 to 13 shall apply to proceed ings in respect of an application under this 
regulation as they apply to proceedings in r espect of an application under regulation 3.  
 General considerations re validity of claim.  
 26.  In determining whether a claim by an appli cant on a reference or application is well founded, 
the Tribunal shall take into account the following matters:  
(a)  the availability of access to other schemes or licensing bodies;  
 
(b)  the principles that are generally applied by licensing bodies in the grant of licences;  
 
(c)  the terms of existing schemes or licences; and  
 
(d)  the likely effect of a failure to obtain a licence.  
 
Appeal to the Court from decision of tr ibunal and suspension of Tribunal's orders 
 
Notice of appeal. 
 27.  (1)  An appeal to the High Court on a point of law arising from a decision of the Tribunal 
shall be brought within 28 days of the date of the decision of the Tribunal or within such further 
period as the Court may, on an application to it, allow.   Form 11. 
 
(2)  A party who desires to bring an appeal referred to in paragraph (1) shall as soon as 
may be practicable   
(a)  serve on the secretary a notice in Form 11 of such an appeal;  
 
(b)  shall serve a copy of the notice referred to in paragraph (2) (a) on every person who 
was a party to the proceedings giving rise  to the decision of the Tribunal; and  
 
(c)  request from the Tribunal a signed copy of  any note of the proceedings prepared by 
the Tribunal that is to be made available to the Court for its use.  
 
(3)  The Tribunal shall within 14 days of the receipt of the notice and request referred to 
in paragraph (2) provide a copy of the note requested to the party making the request.   
(4)  Where an appeal has been lodged with the Court, the Tribunal shall not make any 
further order on the reference or application, which is the subject of the appeal, until the Court has 
given its decision thereon.  
 
(5)  The Tribunal may of its own motion or  upon the application of a party to the 
proceedings suspend the operation of any order contained in its decision,  and shall, if an order is so 
suspended, cause notice of the same to be serve d9n every person affected by the suspension.  
 IP/N/1/BRB/C/2 
Page 15 
 
 
  Application for suspension of order. Form 12. 
 
28.  (1)  An application to the Tribunal by a pa rty to the proceedings to suspend the operation 
of an order made by the Tribunal shall be made by serving on the secretary a notice in Form 12  within 
7 days of the receipt of the decision of the Tribun al together with a statement of the grounds for 
suspension.   
(2)  Within 14 days of the service of the notice under paragraph (1) a party may serve on 
the secretary a statement setting out the grounds of his objection to the applicant's case, and shall 
serve a copy of the same on every person who was a party to the proceedings giving rise to the 
decision and inform the secretary of the date of such service.   
(3)  The Tribunal may receive and consider such representations, from the applicant or a 
person on whom a notice was served, as it consid ers necessary in making a decision regarding the 
application fur suspension.  
 
(4)  Where the Tribunal, after considerati on of the application and any representations, 
refuses an application to suspend the operation of an  order, the secretary shall as soon as practicable 
serve on every party to the proceedings a copy of th e Tribunal's decision together with a statement of 
the Tribunal's reasons for refusal.  
 
(5)  Where any order of the Tribunal has be en suspended upon the application of a party 
to the proceedings or by the Cour t, the secretary shall serve notice of the suspension on all parties to 
the proceedings.   
Intervener's application. 
 
29.  A person or organisation that claims to have a substantial interest in proceedings in respect of 
an application under regulation 28 may, in accordance with regulation 5, apply to the Tribunal to be 
joined as a party and that regulation shall apply to the proceedings in respect of such an application 
for the suspension of an order.  
 Effect of suspension of order.  
 30.  Where the operation of any order is suspende d under regulation 27 or 28, sections 92 and 97 
of the Act shall not have effect in relation to the order.  
 
Miscellaneous and general 
 
Direction for dispensing with service. 
 
31.  (1)  The Tribunal may direct that service of any notice or other document be dispensed 
with or effected otherwise than in the manner provided by these Regulations.   
(2)  Service of any notice or document on a party's attorney-at-law or agent shall be 
deemed to be service on the party, and service on an  attorney-at-law acting for more than one party 
shall be deemed to be service on every party for whom such an a ttorney-at-law acts.  
 Extension of time limits.  
 32.  Except in the case of the ti me limit imposed under regulation 3(2), the time for doing any act 
(whether or not it has already expired) may be extended with the leave of the Tribunal.  
 IP/N/1/BRB/C/2 
Page 16 
 
 
  Failure to comply with directions. 
 
33.  Where any party fails to comply with any direction given in accordance with these 
Regulations by the Tribunal, the Tribunal may, if it considers that the justice of the case so requires, 
order that such party be debarred from taking any furt her part in the proceedings without leave of the 
Tribunal.   Inspection of Orders by public.  
 34.  The secretary shall cause a copy of the order to the Tribunal to be made available at the office 
for public inspection during office hours.  Fees. Second Schedule.  
 
35.  The fees specified in the Second Schedule  shall be payable in respect of the matters therein 
mentioned.   Power of Tribunal to regulate procedure.  
 
36.  Subject to the provisions of the Act and th ese Regulations, the Tribunal shall have power to 
regulate its own procedure.    IP/N/1/BRB/C/2 
Page 17 
 
 
  FIRST SCHEDULE 
 
(Regulations 5(2), 12(1) and (3), 15(1), 16(1), 17(1), 18(1),20(1)) 
 
 
FORM 1 
 
(Regulation 3 (1))  
 
Copyright Act 
Cap. 300 
 
  
COPYRIGHT TRIBUNAL 
 
Notice of Reference under section 87 or 88 
 
To:  The secretary to the Tribunal  
 
 1.  TAKE NOTICE that   *Whereas _________________ ________________ _________________ ____________ 
[state name and address of the applicant] 
 
being representative of persons claiming that  they require licences for the following cases  
 _______________________________________________________________________  
_______________________________________________________________________ 
 _______________________________________________________________________ 
[describe case(s) for which licence is required] 
  
to which the following licensing scheme proposed would apply:   _______________________________________________________________________  _______________________________________________________________________ 
 
  *Whereas _________________ ________________ _________________ _____________ 
[state name and address of the applicant] 
 
*claims that he requires a licence in respect of   _______________________________________________________________________  _______________________________________________________________________ 
[describe case for which licence is required] IP/N/1/BRB/C/2 
Page 18 
 
 
  FIRST SCHEDULE – Cont'd 
 
 
FORM 1 – Cont'd  
 
 *claims to be representative of persons requiring licences  _______________________________________________________________________ 
 
_______________________________________________________________________  _______________________________________________________________________  _______________________________________________________________________ 
[describe case(s) for which licence is required] 
 
2.  The applicant hereby refers to the Tri bunal the licensing scheme particulars of which are 
contained in a statement of the a pplicant's case delivered herewith.  
 
 
 Signed ………………………………………………………………..  Status of signatory ……………………………………………………………… 
[applicant, attorney-at-law or agent] 
 
 Date ………………………………………………………  
* Delete whichever is inappropriate  
 IP/N/1/BRB/C/2 
Page 19 
 
 
   
 
FIRST SCHEDULE  – Cont'd  
 
 
FORM 2 
 
(Regulation 5(2)) 
 
Copyright Act 
Cap. 300 
 
 
COPYRIGHT TRIBUNAL 
 
Application to be joined as a party 
 
 To:  The secretary to the Tribunal  
 
1.  TAKE NOTICE that   *Whereas _________________ ________________ _________________ ____________ 
[state name] 
 whose address is  
 _______________________________________________________________________  _______________________________________________________________________ 
 
_______________________________________________________________________  wishes to be made a party to the pr oceedings commenced by notice of  
 
_______________________________________________________________________ 
 _______________________________________________________________________  _______________________________________________________________________ 
[*reference/application/appeal date] 
 
which was advertised in   _______________________________________________________________________  
_______________________________________________________________________ 
[name of publication and date of issue] 
 
*  Delete whichever is inappropriate  IP/N/1/BRB/C/2 
Page 20 
 
 
   
 
FIRST SCHEDULE - Cont'd 
 
 
FORM 2 - Cont'd 
 
2. The intervener has a substantial inter est in the matter for the following reasons 
 
_______________________________________________________________________  _______________________________________________________________________  _______________________________________________________________________ 
[state reasons] 
 
 3.  The intervener hereby applies to be  joined as a party to the proceedings.  
 
 
  Signed ……………………………………………………………….  Status of signatory …………………………………………………………………… 
[intervener, an officer of intervener, solicitor or agent] 
 
 Date ……………………………………………………….. IP/N/1/BRB/C/2 
Page 21 
 
 
   
 
FIRST SCHEDULE - Cont'd  
 
 
FORM 3 
 
(Regulation 12(1)) 
 
Copyright Act 
Cap. 300  
 
 
COPYRIGHT TRIBUNAL 
 
Application to withdraw Reference 
 
To:  The secretary to the Tribunal   
1.  TAKE NOTICE  
 *Whereas _________________ ________________ _________________ _______________ 
[state name and address of the applicant] 
 
had by a notice dated the .......... ...... day of ..... ................................ ....., .......... commenced proceedings 
for the hearing of a reference to the Tribunal and the applicant is no longer willing to pursue this 
matter.   2. The applicant hereby withdraws notice of th e reference referred to in paragraph (1). 
 
Signed ………………………………………………………………. 
  Status of signatory ………………………………………………………………………………… 
[applicant, attorney-at-law or agent] 
 
  Date ……………………………………………………..   IP/N/1/BRB/C/2 
Page 22 
 
 
   
 
FIRST SCHEDULE - Cont'd 
 
FORM 4 
 
(Regulation 12(3)) 
 
Copyright Act 
Cap. 300 
 
 
COPYRIGHT TRIBUNAL 
 
Application to continue proceedings in respect of a Reference 
 
To:  The secretary to the Tribunal   
1.  TAKE NOTICE  
 * Whereas _________________ ________________ _________________ _______________ 
[state name and address of the former applicant] 
 
had by a notice dated the .......... ...... day of ..... ................................ ....., .......... commenced proceedings 
for the hearing of a reference to the Tribunal and gave notice on the ................................... day of 
………………………………., …………….. of the withdrawal of the reference.  
2. The applicant, being a 
□ person or □ organisation having a special interest in the matter 
that is sought to be withdrawn, hereby applies fo r leave to continue the proceedings commenced by 
the former applicant.   
3. Is delivered herewith a statement of the applicant's case.  
   Signed ………………………………………………………… 
 
Status of signatory …………………………………………………………………….. 
[applicant, attorney-at-law or agent] 
 
 Date ……………………………………………….. 
 IP/N/1/BRB/C/2 
Page 23 
 
 
  FIRST SCHEDULE - Cont'd  
 
FORM 5 
 
(Regulation 15(1)) 
 
Copyright Act 
Cap. 300 
 
 
COPYRIGHT TRIBUNAL 
 
Notice of Reference under section 90 
  
To:  The secretary to the Tribunal   1. TAKE NOTICE that  
 
*Whereas ____________________ _______________ __________________ _____________ 
[state name and address of the operator) 
 
 being the operator of the following licensing scheme:   
___________________________________________________________________________ 
 ___________________________________________________________________________  ___________________________________________________________________________ 
[describe case(s) for which licence is required] 
 
has *refused/failed to grant or procure the grant with in a reasonable time of a licence to the applicant.  
 2. The applicant hereby applies to the Tribunal  
 
*in connection with a case covered by the licensing scheme   *in connection with a case not covered by the licensing scheme   for an order that the applicant is entitled to a li cence on such terms as the Tribunal may determine to 
be applicable or reasonable in the circumstances.  
 
* Delete whichever is inappropriate  
 
 
 
Signed ………………………………………………………………  Status of signatory ………………………………………………………………… 
[applicant, attorney-at-law or agent] 
 Date ……………………………………………………….. IP/N/1/BRB/C/2 
Page 24 
 
 
  FIRST SCHEDULE – Cont'd 
 
FORM 6 
 
(Regulations 16(1), 20(1), 23(3)) 
 
Copyright Act 
Cap. 300  
 
 
COPYRIGHT TRIBUNAL  
 
Notice of Application for special leave under sections 89, 91, 96 and 99 
  
To:  The secretary to the Tribunal   1.  TAKE NOTICE that   
*Whereas ____________________ _______________ __________________ _____________ 
[state name and address of the applicant] 
 
being   
□  a representative of persons claiming that they require licences; 
□  an applicant for a licence in case of the descr iption to which an order applies;  or 
□  the operator of a licensing scheme;  
 
herein described   ___________________________________________________________________________  
___________________________________________________________________________ 
 ___________________________________________________________________________ 
[describe case(s) for which licence is required] 
 IP/N/1/BRB/C/2 
Page 25 
 
 
   
 
FIRST SCHEDULE  - Cont'd 
 
FORM 6  - Cont'd  
 *Whereas ____________________ _______________ __________________ _____________ 
[state name and address of the applicant] 
 
 
the applicant is desirous of referring the scheme which is a subject of an existing order to the 
Tribunal   ("the applicant") hereby applies for the special leave of the Tribunal -  
 
*to refer again to the Tribunal the licensing schem e in respect of which an order was made by 
the Tribunal   *to review its Order as to entitlement to licence  
 
*to review its Order as to licence   *to review its Order as to royalty or other sum/remuneration payable  
 made on the …………………….. day of  …………………………………….., ………….. and 
bearing reference number ……………………………….. 
 2.  There is delivered herewith a statem ent of the grounds for the application.  
  
Signed ……………………………………………………………… 
 Status of signatory ………………………………………………………………… 
[applicant, attorney-at-law or agent] 
 Date ……………………………………………………….. 
  
* Delete whichever is inappropriate  
 
 IP/N/1/BRB/C/2 
Page 26 
 
 
   
FIRST SCHEDULE  – Cont'd 
 
FORM 7 
 
(Regulation 17(1)) 
 
Copyright Act 
Cap. 300 
 
 
COPYRIGHT TRIBUNAL 
 
Notice of Application for Review of Order under sections 89, 91, 96 and 99 
 
To:  The secretary to the Tribunal   1. TAKE NOTICE that  
 
*Whereas ____________________ _______________ __________________ ______________ 
[state name and address of the applicant] 
 
hereby applies to the Tribunal for a review  of its order made on the .................... day of 
...................................................., and bearing reference number .......................... relating to the licence granted  
 
*to 
□    *by  □ 
 
___________________________________________________________________________  ___________________________________________________________________________ 
 
___________________________________________________________________________ 
[name and address of licensee or licensing body] 
 
2. There is delivered herewith a statement of the applicant's case.  
 
Signed ..........................................................................   Status of signatory ....................................................................................  
[applicant, attorney-at-law or agent] 
 Date .................................................................................. 
 
* Delete whichever is inappropriate  IP/N/1/BRB/C/2 
Page 27 
 
 
   
FIRST SCHEDULE - Cont'd 
 
FORM 8 
 
(Regulations 18(1), 21(1))  
 
Copyright Act 
Cap. 300  
 
COPYRIGHT TRIBUNAL  
 
Notice of Application under section 94 or 95 
 To:  The secretary to the Tribunal  
 1. TAKE NOTICE that   *Whereas ____________________ _______________ __________________ ______________ 
[state name and address of the applicant) 
 
*being the prospective licensee under the terms of a licence to be granted by   ___________________________________________________________________________  
___________________________________________________________________________ 
 ___________________________________________________________________________ 
[name and address of licensing body) 
 *being a licensee under a licence granted by  
 ___________________________________________________________________________  ___________________________________________________________________________ 
 
___________________________________________________________________________ 
[name and address of licensing body) 
 
which licence is due to expire *by effluxion of time/ as a result of a notice given by the licensing body 
on the ........................ day of ........................................., ............ .  
 
hereby -   * refer to the Tribunal the terms on which the licensing body proposes to grant the licence;  
 
* apply to the Tribunal on the ground that it is  unreasonable that the licence should cease to be in 
force.  IP/N/1/BRB/C/2 
Page 28 
 
 
   
FIRST SCHEDULE  - Cont'd 
 
FORM 8  - Cont'd  
   2.  There is delivered herewith a statement of the applicant's case.  
 
Signed ....................................................................................  Status of signatory ........................................................................................................... .......... 
[applicant, attorney-at-law or agent] 
  
Date ......................................................  
* Delete whichever is inappropriate  
  IP/N/1/BRB/C/2 
Page 29 
 
 
   
FIRST SCHEDULE  - Cont'd 
 
FORM 9 
 
(Regulations 19(1), 23(1))  
 
Copyright Act 
Cap. 300 
 
  
COPYRIGHT TRIBUNAL 
 
Notice of Application to Settle Royalty or Other Sum Payable under section 77 
 
 To:  The secretary to the Tribunal   1.  TAKE NOTICE that  
 
*Whereas _________________ ________________ _________________ _______________ 
[name and address of applicant] 
 
being the owner of the copyright in   
___________________________________________________________________________ 
 ___________________________________________________________________________  ___________________________________________________________________________ 
[describe the work] 
 
*[the person claiming to be treated as li censed by the owner of the copyright  
 in ___________________________________________________________________________ 
 
_____________________________________________________________________________  _____________________________________________________________________________] 
[describe the works] 
 hereby applies to the Tribunal to settle the royalty or other sum payable in pursuant to section 77 of 
the Act.    IP/N/1/BRB/C/2 
Page 30 
 
 
   
FIRST SCHEDULE  - Cont'd 
 
FORM 9  - Cont'd  
 2. There is delivered herewith a statement of th e applicant's case with respect to the royalty or 
other sum payable.   
3. A copy of this Notice, together with the statement, *has been/will be served on  
 ___________________________________________________________________________  ___________________________________________________________________________  
___________________________________________________________________________ 
[state name and address of other party] 
 
on the ........... day of ..........................................., ...............  
Signed .......................................................................................................... 
 Status of signatory ........................................................................................................... ........... 
[applicant, attorney-at-law or agent] 
 
Date ......................................................  
 
* Delete whichever is inappropriate  
 
 IP/N/1/BRB/C/2 
Page 31 
 
 
   
FIRST SCHEDULE  - Cont 'd 
 
FORM 10 
 
(Regulation 25(1))  
 
Copyright Act 
Cap. 300 
 
COPYRIGHT TRIBUNAL 
 
Notice of Application for Tribunal's Consent on behalf of Performer under section 126 
 To:   The secretary to the Tribunal  
 1. TAKE NOTICE that   *Whereas _________________ ______________________ ____________________ 
[state name and address of the applicant] 
 
wishes to make a recording from a previous recording of   ___________________________________________________________________________  
___________________________________________________________________________ 
[specify performance] 
 
* [the identity or whereabouts of the performer(s ) of which cannot be ascertained by reasonable 
inquiry]  
 
* [the performer(s) of which unreasona bly withhold his/their consent]  
 hereby applies to the Tribunal for its co nsent to the making of the recording.  
 
2.  There is delivered herewith a statement setting out -  
 * [the inquiries made by the applicant as to identit y or whereabouts of the performer(s) and the result 
of those inquiries]   * [the grounds on which the applicant considers that  the withholding of consent is unreasonable].  
 
* Delete whichever is inappropriate  
 
 IP/N/1/BRB/C/2 
Page 32 
 
 
   
FIRST SCHEDULE -  Cont 'd 
 
FORM 10  - Cont 'd 
  *3.  [A copy of the applicant's statement *has been/will be served on the .................. day of 
.............................., .......... 
 
on the performer(s)   ___________________________________________________________________________  ___________________________________________________________________________ 
 
___________________________________________________________________________ 
[state name(s) and address(es) of performer(s)] 
 
 
Signed ................................................................... 
 Status of signatory …………………………………………………………………………. 
[applicant, attorney-at-law or agent] 
 
Date ...................................................... 
 
* Delete whichever is inappropriate  
 
 IP/N/1/BRB/C/2 
Page 33 
 
 
   
FIRST SCHEDULE  - Cont 'd 
 
FORM 11 
 
(Regulation 27(2)(a))  
 
Copyright Act 
Cap. 300  
 
COPYRIGHT TRIBUNAL 
 
Notice of Appeal to High Court on Point of Law under section 104 
  
To:  The secretary to the Tribunal   1. TAKE NOTICE that  
 
*Whereas ________________________ __________________ ______________ 
[state name and address of the appellant] 
 
being a party to the proceedings on the *reference/a pplication/appeal intends to appeal to the *High 
Court/Court of Session against the decisi on of the Tribunal on the ....................... day of 
........................................., .................. and bearing reference number .................................... . 
 
on the following point(s) of law -   ___________________________________________________________________________  
___________________________________________________________________________ 
 ___________________________________________________________________________ 
[state point(s) of law] 
 * Delete whichever is inappropriate  
  IP/N/1/BRB/C/2 
Page 34 
 
 
   
FIRST SCHEDULE  - Cont 'd 
 
FORM 11  - Cont 'd 
 2.  A copy of this Notice, *has been/w ill be served on the ………… day of ………………., 
………… on every person or organisation who was a party to the proceedings, namely   
___________________________________________________________________________ 
 ___________________________________________________________________________  ___________________________________________________________________________ 
[specify names and addresses of parties] 
 
 Signed ………………………………………………………………………………….  Status of signatory  …………………………………………………………………………. 
[appellant, an officer of appellant, solicitor or agent] 
 
Date ……………………………………………………..  
* Delete whichever is inappropriate  IP/N/1/BRB/C/2 
Page 35 
 
 
   
FIRST SCHEDULE  - Cont 'd 
 
FORM 12 
 
(Regulation 28(/))  
 
Copyright Act 
Cap. 300  
 
COPYRIGHT TRIBUNAL 
 
Notice of Application to Suspend Order of Tribunal 
 To:  The secretary to the Tribunal  
 1.  TAKE NOTICE that   *Whereas ____________________ __________________________ _______________ ___________ 
[state name and address of the applicant] 
 
being a party to the proceedings on the *reference/application/appeal  
 ___________________________________________________________________________  
___________________________________________________________________________ 
 ___________________________________________________________________________ 
[specify the proceedings] 
 hereby applies to the Tribunal for the suspension of  the operation of the Order of the Tribunal on the 
................................. day of .............................................., ................ and bearing reference  number 
................................  2.  There is delivered herewith a statem ent setting out the grounds for suspension -  
 
___________________________________________________________________________  ___________________________________________________________________________  ___________________________________________________________________________ 
[state grounds for suspension] 
 
* Delete whichever is inappropriate  
 
 IP/N/1/BRB/C/2 
Page 36 
 
 
   
FIRST SCHEDULE  – Concl 'd 
 
FORM 12  - Cont 'd 
 3.  A copy of this Notice, together with the statement, *has been/will be served on the 
....................... day of …………………….., ………….. on every person or organisation who was a 
party to the proceedings, namely  
 
___________________________________________________________________________  ___________________________________________________________________________  ___________________________________________________________________________ 
[specify names and addresses of parties) 
 
Signed …………………………………………………………………………………….  Status of signatory  ………………………………………………………………………. 
[applicant, attorney-at-law or agent) 
 
Date …………………………………………..   
* Delete whichever is inappropriate  
 IP/N/1/BRB/C/2 
Page 37 
 
 
   
SECOND SCHEDULE 
 
(Regulation 35) 
 
FEES 
  
 
 $  
 On filing of a Notice of Reference under section 87 or 88  … … … … 50.00  On filing of an Application to be joined as a party   … … … … 50.00 
 
On filing of Application to withdraw a Reference  … … … … 30.00  On filing of Application to contin ue proceedings in respect of  
a reference   … … … 30.00 
 
On filing of a Notice of Reference under section 90   … … … 50.00   On filing of Notice of Application for Special Leave   … … … 30.00  On filing of Application for Review of Order under  
sections 89, 91, 96 and 99   … … … 50.00 
 On filing of a Notice of Application under section 94 or 95   … … … 50.00  On filing of Application to Settle Royalty or other Sum under  
section 77   … … … 50.00 
 On filing of an Application for Tribunal's Consent under  section 126   … … … 30.00   
On filing of Notice of Appeal to High Court on Point of Law  
under section 104   … … … 50.00   On filing of Notice of Application to Suspend Order of Tribunal   … … … 50.00   On filing of the applicant's statement of case   … … … 25.00 
 
On filing of the intervener's statement of case   … … … 25.00 IP/N/1/BRB/C/2 
Page 38 
 
 
   
SECOND SCHEDULE – Cont 'd 
 
 $  
 On filing of an answer to the statement of case   … … … 25.00  On filing of an amendment to filed documents   … … … 25.00 
 
On filing of an affidavit   … … … 50.00  For copies of filed documents    … … $1 per page   
 
  
Made by the Minister this 23
rd day of June, 2004.  
 
 
DALE D. MARSHALL  
Minister responsible for Copyright. 
  
__________