premises; or
a search warrant.
(3) The court shall grant the application for a search warrant if it appears, on information
given on oath or affirmation, that there are reasonable grounds to suspect that(a) there are works that infringe the rights protected under the Act in the premises;
(b) there is in the premises equipment or other device specifically designed or adapted to
circumvent any device or means intended to prevent or restrict reproduction of a work
or to impair the quality of copies made (the latter device or means hereinafter referred
to as "copy-protection or copy-management device or means") or
(c) a document, book or other object which may afford evidence of such contravention of
the provisions of this Act is within those premises.
(4) Where a Chief or Senior Magistrate is satisfied from information given on oath or
affirmation by the investigating officer, that urgent action is required to obtain evidence
pertaining to the contravention of the provisions of this Act, which evidence is likely to be
concealed or destroyed, the Magistrate may dispense with any procedural requirements and
grant a search warrant to the investigating officer at such time and place and under such
conditions as the urgency of the matter may require.
(5) A search warrant granted by the court shall(a) authorise the investigating officer mentioned in the warrant to enter the premises
identified in the warrant to conduct searches, examinations, take extracts or copies,
seize any item or to do any other thing that may assist with the investigation;
(b) be executed by day, unless the court authorises its execution by night; and
(c) be in force until it is executed, cancelled by the court or a period of one month from the
date of its issue expires, whichever occurs first.
(6) The investigating officer executing a search warrant under this section shall, before
such execution or upon demand by any person whose rights may be affected(a) present his identification card; and
(b) hand to such person a copy of the warrant.
(7) An investigating officer shall not seize any item found within the premises being
searched in accordance with the provisions of this section unless he has handed the person
from whose possession or charge the item is being seized, a receipt of the seizure in the
prescribed form.
(8) A person from whose possession or charge a document, book or other object has
been seized shall, as long as it is in the possession or charge of the investigating officer
concerned, be allowed on request to make copies or to take extracts from it at any reasonable
time at his own expense and under the supervision of that investigating officer or other
authorised person in the service of the Office.
(9) A person shall not be entitled to refuse to answer any question or to produce any
document, book or other object on the ground that such answer, document, book or other object
would incriminate him.
(10) Subject to subsection (11) incriminating evidence, arising out of any answer,
document, book or other object a person may present to an investigating officer in answer to an
enquiry made by the investigating officer, shall not be admissible in any criminal trial against
that person.
(11) Any person who(a) obstructs or hinders the investigating officer in the performance of his functions in
terms of this section; or
(b) knowingly makes a false statement or gives a false answer to any enquiry,
shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding P2,000
or to imprisonment for a term not exceeding 12 months, or to both.
30. Civil remedies
(b)
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