The head of the competent judicial authority shall be immediately notified by a report legally
dated and signed in which seized counterfeit copies are proven.
The judicial authority shall decide upon the request of provisional seizure no later than three (3)
days of its date of notification.
Article 147: The head of the competent judicial authority may order the following precautionary
measures upon the request of the rights’ owner or his representative:
- Halt each current manufacturing process that aims at illegal reproduction of the protected work
or performance or marketing mediums produced in contrary to copyrights and neighboring
rights.
- Seize the counterfeit mediums and revenues generated from illegal utilization of works and
performances, even beyond the legal times.
- Seize all supplies mainly used for producing counterfeit mediums.
The head of the competent judicial authority may order the plaintiff to provide a guarantee.
Article 148: The party who claims damage due to the precautionary measures mentioned above
may ask, within 30 days from the issuance date of the two orders provided for in Articles 146
and 147 above, the head of the competent judicial authority deciding upon the summary cases to
release, reduce or limit seizure or remove the other precautionary measures in return for
depositing sufficient financial amounts to compensate the right’s owner in case his lawsuit is
justified.
Article 149: The beneficiary of the above mentioned precautionary measures shall notify the
competent judicial authority within 30 days from the date of two orders provided for in Articles
146 and 147 herein.
In the absence of such judicial lawsuit, the head of the competent judicial authority who decides
upon summary cases may order the release of seizure or removal of other precautionary
measures upon the request of the party claiming damage due to such measures.
Article 150: The royalties payable to the author and performer or musician for the last two years
of his artistic work or performance utilization shall constitute privileged debts similar to wages.
Moreover, amounts of ruled amounts and compensations due to the rights’ owner shall constitute
privileged debts in case illegal utilization of his work or performance occurs.
Chapter Two
Penal Provisions
Article 151: A person who commits the following actions shall be considered committing the
counterfeit misdemeanor:
- Illegal disclosure of a work or infringement of the integrity of a work or performance of a
performer or musician.
- Reproduction of a work or performance in whatever method in the form of counterfeit copies.
- Import or export of counterfeit copies of a work or performance.
- Leasing or circulation of counterfeit copies of a work or performance.