55

Copyright Act, 2004,

(b) 	 the defendant's profits attributable to the
infringement.
(3) Where infringing copies exist, the court shall have
the authority to order the destruction or other reasonable
disposal of those copies and their packaging outside the
channels of commerce in such a manner as to avoid
harm to the owner of the right unless the owner of the
right requests otherwise.
(4) Where there is a danger that implements may be
used to commit or continue to commit an act of
infringement, the Court shall, whenever and to the
extent that it is reasonable, order their destruction or
other reasonable disposal outside the channels of
commerce in such a manner as to minimize the risks of
further infringements, including surrender to the owner
of the right.
(5) Where there is a danger that an act of infringement
may be continued, the Court shall ­
(a) 	expressly order that the
committed; and

act shall not be

(b) 	 fix a fine of one hundred thousand dalasis.
which shall be paid if the order is not
respected.
Criminal
sanctions.

53. (1 ) A person who infringes a right protected under
this Act wilfully or by gross negligence and for profit­
making purposes commits an offence and is liable on
conviction to a fine of not more than five huntirAd
thousand dalasis and imprisonment for a term of not
more than three years or to both the fine and
imprisonment.

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