(3) The national collective rights administration body shall administer on its national
territory the interests of the other national and foreign bodies within the framework of
conventions or agreements that it may conclude with them.
PART FIVE
MEASURES, REMEDIES AND SANCTIONS
CONCERNING PIRACY
AND OTHER INFRINGEMENTS
Article 61
Persons Entitled to Act
The following, in particular, shall be entitled to act:
(i) the holders of infringed rights or their successors in title;
(ii) the national collective rights administration body;
(iii) the professional associations of rightholders regularly constituted to defend the
collective interests of their members.
Article 62
Protective Measures
(1) At the request of the persons referred to in the preceding Article, the court
competent to hear the proceedings instituted under civil law in accordance with this Annex
shall be empowered, subject to the relevant provisions of the national codes of civil and
criminal procedure, and subject to the conditions it deems reasonable,
(i) to issue an order prohibiting the committing or ordering the cessation of the
infringement of any right protected under this Annex;
(ii) to order the seizure of copies of works or of sound recordings suspected of having
been made or imported without the consent of the holder of the right protected under this
Annex where the making or importing of copies is subject to authorization, and of the
packaging of such copies, the devices that have been used to make them and the documents,
accounts or business papers relating to such copies.
(2) The provisions of the national codes of civil and criminal procedure in respect of
search and seizure shall apply mutatis mutandis to infringements of the rights protected under
this Annex.
(3) The provisions of the national customs codes relating to the suspension of release of
goods suspected of being unlawful shall apply mutatis mutandis to the articles or equipment
protected under this Annex.
Article 63
Civil Penalties
(1) The persons referred to in Article 61 whose recognized rights have been infringed
shall be entitled to obtain payment, by the infringer, of damages to compensate the prejudice
they have suffered as a consequence of the infringement and the payment of the costs arising
from the infringing act, including legal costs.
The amount of damages shall be determined in accordance with the relevant provisions
of the national civil code, taking into account the gravity of the material and moral prejudice