The Copyright Tribunal Rules 1989

Application for Tribunal’s determination of royalty payable to the Hospital for Sick Children

Commencement of proceedings (Forms 15 & 16)

38.  Proceedings under paragraph 5 of Schedule 6 to the Act for the determination of the royalty or other remuneration to be paid to the Hospital for Sick Children shall be commenced by the service on the Secretary by the applicant of a notice–

(a) in Form 15, in the case of an application under paragraph 5(1) of Schedule 6 to the Act, and

(b) in Form 16, in the case of an application for a review of an order under paragraph 5(2) of that Schedule,

together with a statement of the applicant’s case, and by serving a copy thereof on the other party.

Application for special leave (Form 3)

39.—(1) An application for the special leave of the Tribunal for the review of an order under paragraph 5(3) of Schedule 6 to the Act shall be made by serving on the Secretary a notice in Form 3 together with a statement of the grounds for the application, and by serving a copy thereof on the person who was a party to the proceedings when the order of the Tribunal was made.

(2) Within 14 days of the service upon him of a copy of the notice under this rule, the other party may make representations in writing to the Tribunal regarding the application for special leave, and he shall serve a copy of any such representations on every other party to the proceedings and inform the Secretary of the date of such service.

(3) The Tribunal, after considering the application and any representations and, if it considers necessary, after having given the applicant and any such party who has made such representations an opportunity of being heard, shall grant or dismiss the application (with such order as to costs) as it may think fit, and if it grants the application it may give such directions as to the taking of any steps required or authorised under these Rules or as to any further matter as the Tribunal thinks fit.

(4) The decision of the Tribunal shall be in writing and shall include a statement of its reasons, and the Secretary shall serve a copy thereof on the applicant and on any party who made representations.

Procedure, and decision of Tribunal

40.—(1) Within 21 days of the service of the notice under rule 38, the other party shall serve on the Secretary a written answer to the applicant’s statement, and shall serve a copy of the same on the applicant and inform the Secretary of the date of such service.

(2) Rules 10 to 16 shall apply to proceedings in respect of an application under rules 38 and 39 as they apply to proceedings in respect of an application under rule 3.

(3) The final decision of the Tribunal on an application under rule 38 shall be given in writing and shall include a statement of the Tribunal’s reasons and where the Tribunal has varied a previous order there shall be annexed to the decision a copy of that order as varied; and the Secretary shall as soon as practicable serve on every party to the proceedings a copy of the Tribunal’s decision. Rule 18 shall apply with regard to the publication of the decision.

Intervener’s application (Forms 5 & 6)

41.  A person or organisation who claims to have a substantial interest in proceedings in respect of an application under rule 38 may, in accordance with rule 23, apply to the Tribunal to be made a party and that rule shall apply to proceedings in respect of such an application as it applies to proceedings in respect of an application under rule 20.