Copyright, Designs and Patents Act, 1988. Chapter 48.

  • Great Britain.
Date:
1988
Catalogue details

Licence: Open Government Licence

Credit: Copyright, Designs and Patents Act, 1988. Chapter 48. Source: Wellcome Collection.

    70/256 (page 54)
    ParRT I Application for review of order as to entitlement to licence. Effect of order of tribunal as to licensing scheme. (3) Acase shall be regarded as excluded from a licensing scheme for the purposes of subsection (2) if— (a) the scheme provides for the grant of licences subject to terms excepting matters from the licence and the case falls within such an exception, or (b) the case is so similar to those in which licences are granted under the scheme that it is unreasonable that it should not be dealt with in the same way. (4) If the Tribunal is satisfied that the claim is well-founded, it shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the Tribunal may determine to be applicable in accordance with the scheme or, as the case may be, to be reasonable in the circumstances. (5) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine. 122.—(1) Where the Copyright Tribunal has made an order under section 121 that a person is entitled to a licence under a licensing scheme, the operator of the scheme or the original applicant may apply to the Tribunal to review its order. (2) An application shall not be made, except with the special leave of the Tribunal— (a) within twelve months from the date of the order, or of the decision on a previous application under this section, or (b) if the order was made so as to be in force for 15 months or less, or as a result of the decision on a previous application under this section is due to expire within 15 months of that decision, until the last three months before the expiry date. (3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be reasonable having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case. 123.—(1) A licensing scheme which has been confirmed or varied by the Copyright Tribunal— (a) under section 118 (reference of terms of proposed scheme), or (b) under section 119 or 120 (reference of existing scheme to Tribunal), shall be in force or, as the case may be, remain in operation, so far as it relates to the description of case in respect of which the order was made, so long as the order remains in force. (2) While the order is in force a person who in a case of a class to which the order applies— (a) pays to the operator of the scheme any charges payable under the scheme in respect of a licence covering the case in question or, if the amount cannot be ascertained, gives an undertaking to the operator to pay them when ascertained, and