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any royalties or other remuneration accruing from expressions of folklore.
(3) Save as otherwise provided in this Order or in any other law, the Registrar
shall be responsible for the implementation of this Order.
PART VI
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CIVIL REMEDIES AND SANCTIONS
36. (1) Any person whose rights under this Order are in imminent danger
of being infringed or whose rights have been infringed, may institute proceedings
in a court of competent jurisdiction in Lesotho for,
(a) an interdict to prevent the infringement or to prohibit the continuation of
the infringement; and
(b) payment of any damages suffered in consequence of the infringement,
including any profits enjoyed by the infringing person, that are attributable
to the infringement.
(2) If the infringement is found to have been prejudicial to the reputation of
the person whose rights were infringed, the court may, at its discretion, award
exemplary damages.
(3) Any object which was made in violation of this Order and any receipts
of the person violating it and resulting from such violations, shall be forfeited to
the State.
(4) In addition to any punishment imposed by the court in respect of an offence
under this Order, the court may, on application by the plaintiff, order that all
reproductions, duplicates, extracts, imitations and other material involved in the
infringement be forfeited and disposed of as the court may direct, having regard
to all the circumstances relating to the infringement.
Offences and penalties
37. (1) Without prejudice to the remedies available under section 36 but subject
to the provisions of this section, a person who violates or causes to be violated,
the rights protected urrler this Order commits an offence and is liable on conviction
to a fine of M12,000 or to imprisonment for 5 years or to both.
(2) a person who, without the authorization of the Minister, imports or
distributes copies of expressions of folklore derived from Lesotho or copies of
translations, adaptations, arrangments or other transformations of such expressions
of folklore, made outside Lesotho without the authorization of the Minister, commits
an offence and is liable on conviction to a fine of M12,OOO or to imprisonment
for 5 years or to both.
(3) A person who,
(a) without the authorization of the Minister, utilizes an expression of folklore
in violation of section 19; or
(b) contravenes section 21,
commits an offence and is liable on conviction to a fine of M7,200 or
to imprisonment for 3 years or to both.
(4) A person who,