Article 92
The holder of rights protected under this Act whose recognized rights have been infringed shall be
entitled to obtain payment, by the infringer, of damages to compensate the prejudice they have
suffered as a consequence of the infringement and the payment of the costs arising from the
infringing act, including legal costs.
The amount of damages shall be determined in accordance with the relevant provisions of the civil
code, taking into account the gravity of the material and moral prejudice suffered by the holder of
the right and the size of the profit that the infringer has derived from the infringement. When the
infringer did not know or did not have valid reasons for knowing that he was carrying out an activity
infringing a right protected under this Act, the judicial authorities may limit the damages to the
profit that the infringer made from such activities and/or payment of pre‐established damages.
Where copies made in infringement of rights exist, the judicial authorities shall be empowered to
order that such copies and their packaging be destroyed or that they be disposed of in some other
reasonable manner, outside the commercial circuits, in order to avoid causing prejudice to the
holder of the right, unless the right holder requests otherwise. This provision shall not apply to
copies that a third party has acquired in good faith, nor to their packaging.
Where there is a danger of the equipment being used to commit, or to continue to commit,
infringing acts, the court, wherever reasonable, shall order that it be destroyed, that it be disposed
of in some other manner outside the commercial circuits in order to reduce to a minimum the risks
of further infringement, or that it be handed to the holder of the right.
Where the danger exists that infringing acts will continue, the court shall expressly order the
cessation of such acts. It shall also determine an amount of between 10,000 and 1,000,000 Burundi
francs to be paid as a daily fine.
Chapter III: CRIMINAL PENALTIES
Article 93
Any infringement of a right protected under this Act, if committed with intent or by gross negligence
and with a profit‐making aim, shall be punished, in accordance with the relevant provisions of the
Criminal Code and of the Code of Criminal Procedure, by imprisonment of between three months
and two years or a fine of between 10,000 and 1,000,000 Burundi francs, or by both penalties.
The court may double the upper limit of the penalties decreed in the preceding paragraph if the
defendant is found guilty of reoffending, as established by Articles 22 to 25 of the Criminal Code.
The court shall also apply the measures and penalties referred to in Articles 92 and 93 under criminal
proceedings, save where a decision on the penalties has already been taken in civil proceedings
Chapter IV: MEASURES, DAMAGES AND PENALTIES FOR ABUSE OF TECHNICAL FACILITIES
Article 94
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