54
Laws of Malaysia
Act 332
Effect of order of Tribunal as to licence
27l. (1) Where the Tribunal has made an order under section
27i or 27j and the order remains in force, the person entitled to
the benefit of the order shall, if he —
(a) pays to the licensing body any charges payable in
accordance with the order or, if the amount cannot be
ascertained, gives an undertaking to the operator to pay
the charges when ascertained; and
(c) complies with the other terms specified in the order,
be in the same position as regards infringement of copyright
as if he had at all material times been the holder of a licence
granted by the owner of the copyright in question on the terms
specified in the order.
(2) The benefit of the order may be assigned—
(a) in the case of an order under section 27i, if assignment is
not prohibited under the terms of the Tribunal’s order;
and
(b) in the case of an order under section 27j, if assignment is
not prohibited under the terms of the original licence.
(3) The Tribunal may direct that an order under section 27i
or 27j, or an order under section 27k varying such an order, so
far as it varies the amount of charges payable, has effect from
a date before that on which it is made, but not earlier than the
date on which the reference or application was made or, if later,
on which the licence was granted or, as the case may be, was
due to expire.
(4) Where a direction is made under subsection (3)—
(a) any necessary repayments, or further payments, shall be
made in respect of charges already paid or payable;
and
(b) the reference in paragraph (1)(a) to the charges payable
in accordance with the order shall be construed, where
the order is varied by a later order, as a reference to
the charges so payable by virtue of the later order.