Restriction on importation of infringing copies. 39. (1) The owner of copyright in any work may give notice in writing to the Minister—
| (a) | that he is the owner of the copyright in the work; and | |
| (b) | that he requests the Minister, during a period specified in the notice to treat as prohibited goods copies of the work to which this section applies: |
Provided that the period specified in a notice under this subsection shall not exceed such number of years as may be prescribed by the Minister under subsection (4) and shall in any case, extend beyond the end of the period for which copyright is to subsist.
(2) This section applies to any copy of a work made outside Malaysia which, if it had been made by the importer in Malaysia, would have infringed the copyright in the work; and for the purpose of this section such copies shall be referred to as “infringing copies”.
(3) Where a notice has been given under this section in respect of a work and has not been withdrawn, the importation into Malaysia at a time before the end of the period specified in the notice of any infringing copies shall he prohibited:
Provided that this subsection shall not apply to the importation of any article by a person for his private and domestic use.
(4) The Minister may make regulations prescribing the form in which notices are to be given under this section and requiring a person giving such notice, either at the time of giving the notice or at the time when the infringing copies are imported, or at both those times, to furnish such evidence and to comply with such other conditions, if any, as may be specified in the regulations.
