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as of right where the plaintiff has failed to refer the case to the competent civil court
within 30 days of the seizure of unlawful works or enactment of the protective
measure.
Art.101. Customs retention
(1) Without prejudice to the relevant provisions of the Customs Code, where the
owner of a copyright or neighboring rights suspects imminent importation or
exportation of goods, the circulation of which shall infringe the present Law, he may
write to the customs authorities to request the suspension of the free circulation of
the said goods.
(2) The petitioner shall provide the customs authorities with all the information it
needs to rule on his request. This shall include proof of his right and an accurate
description of the goods.
(3) The detention measure shall be lifted automatically where the right owner fails,
within 10 working days following notification of the detention of the goods, to prove to
the customs service:
(a) either that precautionary measures under Article 82 have been taken,
(b) or that he has instituted proceedings before the civil or criminal courts and has
provided the necessary guarantees to cover his possible liability in the event of the
infringement claim subsequently being rejected,
(c) or covered his possible liability in the event of the infringement claim
subsequently being rejected.
(4) For the purpose of institution of the legal proceedings referred to in the previous
paragraph, the right owner may require the customs administration to communicate
the names and addresses of the sender, the importer and the consignee of the goods
detained, or of the holder thereof, and also the quantity thereof, without invocation of
professional secrecy by that administration.
Chapter 2 – Civil proceedings and evidence
Art.102. (1) The claim for damages resulting from unauthorized acts by right holders
reserved under this Law shall take the form of civil proceedings.
(2) Any person who has infringed rights recognized under this Law in any protected
work, performance, phonogram or expression of folklore shall be required to pay the
relevant right holder damages to compensate the harm caused by the infringement,
the amount of which shall be set by the competent court, as well as the payment of
costs including legal fees.
Art.103. Proof of infringements of the provisions on the protection of copyright and
neighboring rights may derive either from the reports of officers or employees of the
judicial police, officials of the customs, or from reports drawn up by sworn BDDA
agents.
Chapter 3 – Criminal provisions
Art.104. Any infringement of copyright or neighboring rights shall constitute the
offense of counterfeiting.
Art.105. Any person who knowingly engages in the following shall also be guilty of
the offense of counterfeiting:
• (a) imports or exports counterfeit copies or imitations;
• (b) sells or offers for sale, makes available to the public or generally places into
circulation counterfeit copies of a work, performance or phonogram.