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the distrainee or the garnishee may request the President of the court to order the release
of the seizure, to limit its effects or to authorize the resumption of manufacture or of
public performances, under the authority of an administrator appointed custodian of the
proceeds of such manufacture or exploitation.
Where the President of the court allows the request of the distrainee or the garnishee, he
may, hearing the case in chambers, order the applicant to deposit a sum as security
against any damages to which the author or any other holder of copyright or neighboring
rights may be entitled.
ARTICLE 99 Measures ordered pursuant to Article 96 of the present Law shall be lifted
automatically in the event of a non-suit or discharge.
ARTICLE 100 Where the distrainer fails to refer the matter to the competent court within
30 days of the seizure, the release of the seizure may be ordered at the request of the
distrainee or the garnishee by the President of the court, hearing the case in chambers.
ARTICLE 101 Where the proceeds of exploitation owed to the author of a work of the
mind or a performer have been garnished, the President of the court may, where
appropriate, order payment to the author or the performer of a sum or a specified
proportion of the sums garnished.
ARTICLE 102 Objects that are confiscated, seized or forfeited shall be disposed of by the
collective management organization, where the judgment of confiscation or seizure has
become res judicata, or, in the event of a default judgment, where provisional execution
has been ordered by judgment of confiscation or seizure or after confirmation of
forfeiture agreed by settlement.
ARTICLE 103 Proceedings resulting from an infringement of copyright or of
neighboring rights recorded in a seizure report or infringement seizure report shall be
brought before the court within whose jurisdiction the infringement was recorded.
ARTICLE 104 The provisions of ordinary law relating to flagrante delicto proceedings
before the criminal courts shall be applied to infringements of copyright, related
infringements and matters raised as a defense.
ARTICLE 105 Reports relating to infringements of copyright and neighboring rights
prepared by the persons designated in Articles 89 and 90 of the present Law, with the
exception of senior police detectives and criminal investigation officers, shall be
authoritative unless the material facts that they contain are contested. They shall be
authoritative only where the accuracy and sincerity of the admissions and statements that
they report are not disproved.
ARTICLE 106 Reports prepared by senior police detectives and criminal investigation
officers shall be authoritative unless proved otherwise.