ADVOKS GLOBAL · KENYA
Copyright Act
48. Appointment and duties of Copyright Tribunal
Edition: 2022-12-31 · In force
48. Appointment and duties of Copyright Tribunal
(1)There shall be a Copyright Tribunal appointed by the Chief Justice for the purpose of exercising jurisdiction under this Act where any matter requires to be determined by such Tribunal.(2)The Copyright Tribunal shall consist of not less than three and not more than five persons, one of whom shall be an Advocate of not less than seven years standing or a person who has held judicial office in Kenya as Chairperson, appointed by the Chief Justice where any matters requires to be determined by the Tribunal.(3)No person shall be appointed under this section, nor shall any person so appointed act as a member of the Copyright Tribunal, if he, his partner, his employer body (whether statutory or not) of which he is a member has a pecuniary interest in any matter which requires to be determined by the Tribunal.(4)Subject to subsection (5), the Copyright Tribunal shall have jurisdiction to hear and determine—(a)a dispute over registration of copyright; and(b)an appeal against—(i)the Board's refusal to grant a certificate of registration to a collective management organization;(ii)imposition of unreasonable terms or conditions by the Board for the grant of a certificate of registration;(iii)unreasonable refusal by a collective management organization to grant a licence in respect of a copyright work; or(iv)imposition of unreasonable terms or conditions by a collective management organization for the grant of a licence in respect of a copyright work;(5)Before determining a matter referred to it under this section, the Copyright Tribunal shall, in accordance with such procedure as may be prescribed, give both parties an opportunity to present their respective cases, either in person or through representatives, both orally and in writing.(6)The Copyright Tribunal may order the grant of a certificate of registration or the grant of a license in respect of a copyright work subject to the payment of the applicable fees.