Owner may restrict importation of infringing copies

48 (1) The owner of copyright or neighbouring rights in any published work or in any published sound
infringing copies recording may give notice in writing to the Comptroller of Customs and Excise-
(a) that he is the owner of copyright or neighbouring rights in the work or sound recording;
(b) that he requests the Comptroller during the period specified in the notice to treat as prohibited goods copies of the work or sound recording to which this section applies,
but the period specified in a notice under this subsection shall not exceed five years and shall not extend beyond the end of the period for which the copyright or neighbouring rights may subsist.
(2) This section applies, in the case of a work or sound recording, to any copy made outside Trinidad and Tobago which, if it had been made in Trinidad and Tobago by the importer, would be an infringing copy of the work or sound recording.
(3) Where a notice has been given under this section in respect of a work or sound recording, and has not been withdrawn, the importation into 'Trinidad and Tobago, at a time before the end of the period specified in the notice, of any copy of the work or sound recording to which this section applies shall, subject to the following provisions of this section, be prohibited, but this subsection shall not apply to the importation of any article by a person for his private and domestic use.
(4) The owner of copyright or neighbouring rights in a work who gives notice to the Comptroller under this section shall comply with such conditions with respect to-
(a) the form of the notice;
(b) the furnishing of evidence;
(c) the payment of fees;
(d) the giving of security; and
(e) any other incidental or supplementary matters, as may be prescribed.
(5) Notwithstanding anything in the Customs Act, a person shall not be liable to any penalty under that Act (other than forfeiture of the goods) by reason that any goods are treated as prohibited goods by virtue of this section.
 
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