e24702_SN004
Translated from French
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Article 148. Confiscation. – In the event of conviction for one of the offenses set out in
Articles 142 to 146, the court shall order the destruction of all illegal copies and the
confiscation of equipment specifically installed for the purpose of committing the
offense.
Article 149. Posting and publication of the judgment. – The court may also order, at
the expense of the convicted person, the posting of the judgment declaring the conviction
and the publication of the whole judgment or extracts thereof in such newspapers or
online public communication services as it may designate, provided that the costs of such
publication do not exceed the maximum amount of the fine incurred.
Article 150. Closure of establishment. – 1. In the event of a repeat offense after a
conviction pursuant to Article 142, 143 or 144, the permanent or temporary closure of
establishments used by the offender and his accomplices may be ordered.
2. Any infringement of the provisions of the previous paragraph shall be punishable by a
prison term of one to six months and a fine of 500,000 CFA francs.
Section II. - Civil penalties
Article 151. Cessation of unlawful act. – The court may, subject to a penalty for noncompliance, order a party to cease an act infringing one of the rights conferred by the
present Law, in particular with a view to preventing the entry into the market of imported
goods that infringe copyright or a neighboring right.
Article 152. Compensation for damage. – 1. The plaintiff may claim compensation
for all damage caused by an infringement of his rights, calculated on the basis of his loss
of earnings and moral damage and the profits unjustly obtained by the defendant. He
may also claim payment of costs occasioned by the infringement, including legal costs.
2. In the event of the sale of equipment that has been confiscated, the proceeds of the
sale shall be put towards the compensation for the damage referred to in paragraph 1.
Title IV. – Private international law
Chapter I. – Status of foreigners
Article 153. Reciprocity. – 1. Foreign nationals and legal persons whose main
establishment is situated outside Senegalese territory shall enjoy the rights recognized by
the present Law only if the law of the country of which they are nationals or in which
they have their main establishment affords equivalent protection to that provided for
under this Law. Countries which are considered to fulfill the requirement of reciprocity
shall be determined jointly by the Minister of Culture and the Minister of Foreign Affairs.
2. However, neither the integrity nor the authorship of works and performances may be
infringed.
Article 154. National treatment. – The reciprocity provided for in Article 153 shall not
apply where the natural or legal person who or which seeks enjoyment of copyright or of