Chapter VI Penalties 34. Any infringement of the rights of the owner of the deposit of a layout-design of integrated circuits, as defined in Article 17 of this Law, shall constitute the crime of infringement and shall render the person responsible liable under civil and criminal law. Any person who has knowingly infringed these rights shall be punished with a fine of one to fifty thousand dinars. In addition, the court may order, at the guilty party’s expense, the judgement to be displayed in such places as it determines and to be inserted, either in full or in part, in the newspapers of its choosing. A fine of five hundred to two thousand dinars shall be imposed on any person who has included in his commercial documentation, advertisements or goods a reference leading to the belief that a layout-design of integrated circuits has been deposited under this Law, whereas the deposit has not taken place or it has been declared void, or the period for which it has been made has ended. Criminal action may be taken by the Public Prosecutor’s Office only on a complaint by the injured party. 35. In the case of a repeat offence, a prison sentence of one to six months may be handed down, in addition to the fine which shall be doubled. 36. In the case of a conviction, the court may order the destruction or removal from commercial circulation of the incriminating goods as well as the confiscation of the instruments used to manufacture them. 37. Events prior to the deposit shall not give rise to any action under this Law. Events subsequent to the deposit, but prior to its publication, may not give rise to civil or criminal action under Article 34 of this Law, unless the injured party establishes the bad faith of the party presumed to be guilty. No action, be it criminal under Article 34 of this Law, or civil may be taken before the deposit has been published. Where events are subsequent to the publication of the deposit, those responsible may plead their good faith, provided they can furnish appropriate proof. 38. The injured party may, even before the publication of the deposit, make, through a bailiff-lawyer, a detailed description, with or without seizure, of the incriminating items or instruments, pursuant to an order given by the President of the competent court, upon submission of a request and production of the deposit certificate. The President of the court may impose on the requestor a security which the requestor is obliged to pay before undertaking the operation referred to in the previous subparagraph of this article. A copy of the order and of the act recording the deposit of the security shall be given to the holders of the items described, subject to the proceedings being declared void and damages being paid against the bailiff-lawyer. page 8/11