Copyright
59
(d) the Tribunal is satisfied that—
(i) the applicant is able to produce and publish a correct
translation of the work and possesses the means
to pay to the owner of the right of translation
the royalties payable under this section; and
(ii) the applicant undertakes to have the original title
and the name of the author of the work printed
on all copies of the published translation;
(e) t he author of the work has not withdrawn it from
circulation;
(f) an opportunity of being heard is first given, wherever
practicable, to the owner of the right of translation in
the work;
(g) a further period of nine months has elapsed from the
fulfilment of the formalities mentioned in paragraphs
(b) and (c) and during this period no translation in the
national language or other vernacular languages has
been published by the owner of the right of translation
or with his authorization; and
(h) the translation is for the purpose of teaching, scholarship
or research.
(4) The licence granted under this section shall not be transferable
and shall not extend to the export of copies:
Provided that the sending of copies to another country by the
Government or any Government organization shall not constitute
export if all of the following conditions are met:
(a) the recipients are individuals who are nationals of Malaysia
or organizations grouping such individuals;
(b) the copies are to be used only for the purpose of teaching,
scholarship or research;
(c) the sending of the copies and their subsequent distribution
to recipients is without any commercial purpose; and
(d) the country to which the copies have been sent has agreed
with Malaysia to allow the receipt, or distribution, or
both.