References and Applications Relating to Licensing Schemes
The Controller's statutory responsibilities in relation to references and applications relating to copyright licensing schemes are set out in Chapter 16 of the Copyright and Related Rights Act 2000 and in particular in Sections 149 to 166.
The Copyright and Related Rights (Proceedings before the Controller) Rules 2009 set out the procedures to be observed and the fees payable in relation to proceedings and the making of references to the Controller under the Copyright and Related Rights Act 2000 (No. 28 of 2000).
There is no prescribed form which should be used when making a reference. However Rule 4 of the Proceedings Rules states that a petitioner who makes a reference or application to the Controller shall furnish the following items to the Controller, and he or she shall not consider an application or reference as having been made to him or her unless he or she is duly furnished with those items:
(a) the name and address of the petitioner;
(b) the name and address of the respondent;
(c) original and one copy of a signed statement (in these Rules referred to as a “statement”) which contains a reference to
(i) the section of the Act pursuant to which the reference or application is being made,
(ii) the material facts on which the petitioner relies in making the reference or application, and
(iii) the relief sought;
(d) original and one copy of each of the documents mentioned in Schedule 2 of the Rules as the context requires;
(e) the fee payable in respect of the reference or application.
Fees SCHEDULE 1
|Reference or application by Petitioner under Rule 4
|Counter statement by Respondent under Rule 6
|Hearing under Rule 12
|Application for special leave under Rule 16
|Application to be made a party under Rule 17
|Objection under Rule 20
|Application under Rule 27