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private purposes (payment for private copies) made in Djibouti or imported, in
accordance with the provisions of Article 70, paragraph 2.
Title 8 Procedures and sanctions
Chapter 1 – Provisional measures
Art.96. At the request of any holders of copyright or a neighboring right, their
successors in title or the Djiboutian Office of Copyright and Related Rights (BDDA),
the appropriate court may order protective measures to hinder the imminent
infringement of the holders’ rights or to halt an established infringement.
Art.97. The infringement of rights shall be established by criminal police officers or
sworn BDDA agents.
Art.98. (1) At the request of the people referred to in Article 76, the relevant
authorities in the Republic of Djibouti may order the following, in exchange for a
security deposit where appropriate:
(a) the seizure from all premises of copies of an unlawfully reproduced, imported or
commercially hired, work that have been or are being manufactured, as well as all
the materials or equipment directly used for these purposes;
(b) the seizure of proceeds from any unlawfully implemented public reproduction or
communication;
(c) the suspension, whatever the day and time, of any manufacture, public
performance, communication or other activity that is ongoing or announced and that
constitutes an infringement or a preparatory act to infringement.
(2) The above provisions shall be applicable in the event of unauthorized exploitation
of expressions of folklore or a work that has entered the public domain.
(3) For the purposes of this Law, an unlawfully imported copy shall be understood to
mean any copy of a work, performance, phonogram or expression of folklore that,
had it been produced in the Republic of Djibouti, would have constituted an unlawful
reproduction.
(4) The seised court shall rule on the seizure in a period not exceeding three days
from the referral.
(5) The above provisions shall be applicable inaudita altera parte where any delay is
likely to cause irreparable harm to the right holder or the evidence. In such cases, the
defendant shall be notified of the protective measure implemented against him.
Art.99. (1) Within 30 days from the date of the order provided for in Article 98, the
distrainee or the garnishee may ask the judge ruling in interlocutory proceedings (the
competent court) to order the release from seizure or to repeal or amend the
measure ordered or to authorize the resumption of production or performances under
the authority of an administrator appointed to be the custodian, for the benefit of
whomsoever it may concern, of the proceeds from such production or exploitation.
(2) If the request of the distrainee or garnishee is granted, the latter may be ordered
to
deposit a sum to guarantee any damages that may be claimed by the author.
Art.100. (1) The measures ordered under Article 106 shall be lifted as of right in the
event of a
nonsuit or discharge ordered by a correctional court.
(2) They shall also be lifted if they are repealed by the court seized under the terms
of Article 106.
(3) In the absence of criminal prosecution, the said measures shall likewise be lifted