The provisions of this Article shall not be obstacle to the seizure orders made under the Code
on Persons and the Family in relation to maintenance claims.
Article 101:
Within 30 days of the date of the seizure report, the distrainee or garnishee may request the
President of the High Court to order the lifting of the seizure or to limit the effects thereof, or
also to authorize the resumption of manufacture or public performance under the authority of
an administrator appointed to be the custodian, on behalf of whomsoever it may concern, of
the proceeds from such manufacture or exploitation.
The President of the High Court, ruling in summary proceedings may, if he accedes to the
request of the distrainee or garnishee, order the relevant party to deposit a sum to guarantee
any damages that may be claimed by the rights holder.
In the event of a non-suit or discharge, the measures taken shall be lifted ipso jure by the
court. Where the distrainor fails to refer the matter to the competent authority within 30 days
of the seizure, the measures taken shall be lifted de jure by the president of the court to whom
the request was referred. However, where seizures for the amounts payable are less than or
equal to two hundred and fifty thousand francs, the collective management organization may,
within 10 days from the date of the first deadline, request the High Court to confiscate copies,
receipts or material seized. The proceeds of confiscation shall go to the destinations as
stipulated in Articles 104 and 112 of this Law.
Article 102:
To hear cases brought in accordance with this Law the competent court may, subject to the
provisions of the Code of Criminal and Civil Procedure and conditions it considers
reasonable, issue an order prohibiting the commission or the cessation of the violation of any
right protected under this Law.
Article 103:
The measures provided for in Articles 99 to 102 above shall apply in the event of
infringement of the provisions of this Law regarding the protection of expressions of
traditional cultural heritage which are part of national heritage.
Article 104:
In the event of violation of one of the rights protected under this Law, the injured party shall
be entitled to obtain from the offender the payment for damages as compensation for the harm
suffered by the injured party as a result of the infringing act, as well as the payment of the
costs incurred by the infringing act, including legal costs.
In the event of non-compliance with the provisions in respect of the resale royalty, the buyer,
seller and person responsible for conducting the sale by public auction may be jointly ordered
to pay damages to the beneficiaries.
Article 105:
In the event of copies produced in violation of these rights, the judicial authorities may order
that these copies and their packaging are destroyed or disposed of in an alternative manner
outside commercial spheres so as to avoid harm being caused to the owner of the right, except