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CS Professional · Intellectual Property Rights - Law and Practice · Copyrights

A copyright society publishes a tariff scheme. Sunrise Radio, aggrieved by it, appeals to the Commercial Court. Which statement is correct under Section 33A?

The Commercial Court may fix an interim tariff after hearing the parties, with payment made accordingly pending disposal. Under Section 33A the appellant must keep paying fees, and no stay of collection can be issued by the Board.

  1. ASunrise need not pay any fee until the appeal is decided
  2. BThe Commercial Court may, after hearing the parties, fix an interim tariff pending disposal of the appealCorrect
  3. CThe Board may stay collection of the fee pending the appeal
  4. DSunrise may appeal only after the tariff scheme is laid before Parliament

Explanation

Section 33A requires the aggrieved person to pay fees already due before appealing and to keep paying until decision. The Board cannot stay collection, but the Commercial Court may fix an interim tariff after hearing the parties.

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