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Provision for restricting importation of infringing copies.
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28.—(1) The owner of the copyright in any published literary, dramatic or musical work or sound recording may give notice in writing to the Revenue Commissioners (in this section referred to as the Commissioners)—
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(a) that he is the owner of the copyright in the work or the recording, and
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(b) that he requests the Commissioners, during a period specified in the notice, to treat as prohibited goods copies of the work or the recording to which this section applies;
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so, however, that 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 is to subsist.
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(2) This section applies—
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(a) in the case of a work, to any printed copy and
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(b) in the case of a sound recording, to any copy,
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made outside the State which, if it had been made in the State, would be an infringing copy of the work or the recording.
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(3) Where a notice has been given under this section in respect of a work or a recording, and has not been withdrawn, the importation into the State, at a time before the end of the period specified in the notice, of any copy of the work or the recording to which this section applies shall, subject to the subsequent provisions of this section, be prohibited.
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(4) The immediately preceding subsection of this section shall not apply to the importation of any article by a person for his private and domestic use.
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(5) The Commissioners may make regulations prescribing the form in which notices are to be given under this section, and requiring a person giving such a notice, either at the time of giving the notice or at the time when the goods in question are imported, or at both those times, to furnish the Commissioners with such evidence, or to comply with such other conditions (if any) as may be specified in the regulations: and any such regulations may include such incidental and supplementary provisions as the Commissioners may consider expedient for the purposes of this section.
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(6) Without prejudice to the generality of the immediately preceding subsection of this section, regulations made under that subsection may include provision for requiring a person who has given a notice under subsection (1) of this section, or a notice purporting to be a notice under that subsection—
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(a) to pay to the Commissioners such fees in respect of the notice as may be prescribed by the regulations;
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(b) to give to the Commissioners such security as may be so prescribed, in respect of any liability or expense which they may incur in consequence of the detention, at any time during the period specified in the notice, of any copy of the work or the recording to which the notice relates, or in consequence of anything done in relation to a copy so detained;
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(c) whether any such security is given or not, to keep the Commissioners indemnified against any such liability or expense as is mentioned in paragraph (b) of this subsection.
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(7) Any fees paid in pursuance of regulations under this section shall be accounted for in such manner as shall be prescribed by the Minister for Finance.
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(8) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable in pursuance of regulations under this section.
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(9) Notwithstanding anything contained in the Customs Acts, a person shall not be liable to any penalty under those Acts (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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