COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(2) Where rights under an assignment or licence which is the subject of a pending
application for registration under this Part have been transferred to another person after the
application has been lodged, the Registrar may on application allow the transferee to be
substituted as applicant.
(3) At any time before the registration of any right or matter under this Part, the Registrar
may allow the amendment of the application or of any document relating to the application, on
such terms as he thinks fit.
104 Proceedings before Registrar
(1) Evidence in any proceedings before the Registrar under this Part shall be given by
affidavit:
Provided that the Registrar may, if he thinks fit in any particular case, take oral evidence on
oath in lieu of or in addition to such evidence.
(2)
The Registrar may, in any proceedings before him under this Part—
(a) allow any witness to be cross-examined on his affidavit or oral evidence;
(b) decide the hours, times and places at which he will sit.
(3) For the purposes of any proceedings before him under this Part, the Registrar shall
have the same powers, rights and privileges as are conferred upon a commissioner by the
Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be
detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall apply, mutatis mutandis,
in relation to the hearing and determination of any matter before the Registrar under this Part and
to any person summoned to give evidence or giving evidence before him.
105 Duty of Registrar to give opportunity to make representations
The Registrar shall not exercise any discretionary power given to him under this Part in a
manner which adversely affects the rights of any person unless he has given that person a
reasonable opportunity to make representations in the matter, either personally or by his agent.
106 Power of Registrar to rectify Register
(1) Subject to section one hundred and five, the Registrar may, on his own initiative or on
application by any interested person, alter any entry in the Register by⎯
(a) correcting any error in any name or address recorded therein;
(b) altering the name or address of a person who has changed his name or address;
(c) cancelling the registration of any copyright, assignment or licence, where he is satisfied
that it has ceased to exist; or
(d) cancelling or amending the registration of any collecting society, where he is satisfied
that it no longer⎯
(i) owns the copyright in any of the classes of works in respect of which it was
registered; or
(ii) acts for or represents the copyright owners of any of the classes of works in
respect of which it was registered;
or
Act 11/2001
- 57
Chapter 26:01
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