1. In addition to the criminal and civil liability
based on misappropriation and counterfeiting,
the holder of copyright in the misappropriated
work and, in general terms, any person who
has in any way been harmed by a third party in
the exercise of his rights to use and exploit the
intellectual work, shall have the power to go to
court to demand that the infringer be prevented
from continuing the unlawful activity or from
repeating the infringements committed.
2. The courts may, for this purpose, adopt the
means judged essential to end the situation
constituting the infringement, including
ordering the destruction of the objects through
which said infringement is being carried out.
honor or reputation of the author, the penalties
shall be more serious in general legal terms.
Article 198
The following shall be punished with the penalties laid
down in the preceding article:
(a) reproduction of works referred to in Article
178(1), made in any publication of a similar
nature to that in which they were originally
published;
(b) reproduction by the press of articles on current
affairs and economic, political or religious
issues published in newspapers or periodic
collections publication of which has been
reserved by the respective authors.
Article 199
Any author who has transferred his respective rights in
whole or in part, or who has authorized the use of his
work in any of the forms provided for in the present
Law, and who uses or exploits said work, directly or
indirectly, in a manner prejudicial to the rights granted
to a third party, shall be liable to the penalty provided
for in Article 197.
Article 200
Any person who knowingly sells, offers for sale, or in
any way places on the market, in Portugal,
misappropriated or counterfeit works, whether the
copies in question were produced in the country or
abroad, shall be liable to the penalties provided for in
this section. Any person who acts in this way shall, in
addition, be liable, along with those responsible for the
misappropriation or counterfeiting of the work, for
payment of compensation for the damages caused by
these offences..
Article 201
Claims for loss and damages based on any
infringement of copyright shall be independent both of
any criminal proceedings to which such infringements
give rise, as well as of any judicial request for seizure
or suspension of the show or entertainment which the
following section deals with. Such claims may
however be put forward in conjunction with criminal
action.
SECTION II
Special Guarantees for the protection of infringed
rights
Article 202
Article 203
1. In the exercise of the right recognized in the
preceding article the holder of copyright may
request the court to seize the copies of the
misappropriated or counterfeit work, whatever
the nature of the work and the form of the
infringement.
2. In addition to the seizure of the unlawfully
reproduced or distributed copies, the interested
party may request the seizure or destruction of
the apparatus or instruments used in the
reproduction or distribution which, by their
very nature, may not be used for other lawful
reproductions or broadcasts.
Article 204
1. The copies of the work seized under the terms
of the preceding Article remain the property of
the person requesting the seizure. In the case
of literary or scientific works unlawfully
published by the offender, the claimant shall
also have the right to demand of the latter the
value of the edition as a whole, minus the
copies seized, at the price at which regularly
published copies would be offered for or at
which they are valued.
2. If the number of copies fraudulently printed
and distributed is not known, the offender shall
pay the value of the copies seized which, in
addition to the copies seized, make up a total
of 1000.
Article 205
The competent authorities for carrying out the seizure
shall be the civil or criminal courts, the administrative
or police authorities, and the National Republican
Guard, by order of the authorities referred to.
However, seizure shall always be by order of the
judicial authority.
30