COPYRIGHT ORDINANCE PART II—DIVISION II Section 36 Cap. 528 (c) whether he had complied with any code of practice that may exist in respect of the supply of that category of work; (d) whether the response, if any, to those enquiries made by the defendant was reasonable and timely; (e) whether he was provided with the name, address and contact details of the copyright owner or exclusive licensee (as the case may be); (f) whether he was provided with the date of first day of publication of the work; (g) whether he was provided with proof of any relevant exclusive licence. 2-80 (3) In an action against a person for infringement of copyright under section 30 or 31, it is a defence for that person to prove that— (a) he had placed an order with the copyright owner or the exclusive licensee, as the case may be, for the supply of copies of the work; (b) the person with whom he placed the order had acted unconscionably by either withholding supply on unreasonable grounds or by agreeing to supply on unreasonable terms; and (c) the import took place after that unconscionable act by the copyright owner or exclusive licensee and after the expiration of the period referred to in section 35(4)(b). (4) In determining whether the copyright owner or exclusive licensee had acted unconscionably, the court shall take into consideration the established practices of the particular trade for the orderly distribution of copies of that category of work and, in particular, whether the order, if fulfilled, would conflict with a normal exploitation of the work by Last updated date 3.3.2014

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