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collective management organizations of other States that it represents on the territory of
the Republic of Benin.
ARTICLE 89 Infringements of the laws and regulations relating to copyright and
neighboring rights may be recorded by a sworn agent of the collective management
organization or any other agent authorized for that purpose.
Where necessary, such agents shall be assisted by the police.
ARTICLE 90 In the event of an infringement of the rights provided for in the present
Law, the persons referred to in Article 89 may, on the basis of a decision of the collective
management organization or a decision of the competent court:
- carry out the infringement seizure of all illegal copies and objects used in the
commission of the infringement that are subject to confiscation;
- retain any document relating to the seized objects;
- carry out preventive seizure of objects that may be used as security for
penalties;
- seize copies of works or aural recordings suspected of having been made or
imported without the consent of the protected rightholder, and also the packaging
of such copies and the tools used to make them.
They shall prepare a report on the above.
ARTICLE 91 Depending on the nature and seriousness of the recorded infringements, the
seizure report shall give rise to:
- monetary settlements with the collective management organization; or
- judicial proceedings.
ARTICLE 92 The settlement amount shall be determined and the infringers notified
thereof by the collective management organization. It shall be collected within fifteen
(15) days of the date of notification.
ARTICLE 93 In the event of non-payment of the settlement amount within the period
specified above, the case shall be referred to the Public Prosecutor with territorial
jurisdiction, who shall initiate flagrante delicto public proceedings.
ARTICLE 94 The report referred to in Article 91 of the present Law shall set out in
particular:
- the place and date of the infringement seizure and the reason therefor;
- the names, statuses and addresses of the officers who carried out the operation;
- the nature and number of objects seized;
- the presence of the presumed respondent or his summons to attend;
- all information on the place of custody of the seized objects;
- the place where the report was prepared and the time of its closure;
- the signature of the author and, where appropriate, that of the respondent or his
representative.