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responsible for safeguarding the copyright and related rights referred to in Article
124.
CHAPTER II
Confiscation of works infringing copyright
Article 133 – Police commissioners and, in places where there is no police
commissioner, the court with territorial jurisdiction, is obliged, at the request of any
author of a work or holder of a related right protected by Books I and II of this Law, or
his licensees or successors in title, to seize the copies constituting an unlawful
reproduction of this work or of an object protected by the related rights. Where the
seizure must have the effect of delaying or suspending presentations or public
performances that are already underway or have been announced, special
authorization must be obtained from the president of the civil court, by an order
issued on request. The president of the civil court may also, in the same manner,
order:
1) the suspension of any manufacturing currently underway to reproduce unlawfully a
work or an object protected by the related rights;
2) the seizure, whatever the day or the hour, even outside the provisions of Article
143 of the Code of Civil Procedure, of copies constituting an unlawful reproduction of
the work or object protected by related rights that has been or is being produced and
of the proceeds achieved, together with the machines or tools used for the unlawful
reproduction;
3) the seizure of the proceeds from any exploitation provided for in this Law by any
means whatsoever, of an intellectual work or an object protected by related rights,
effected in violation of the copyright or related rights referred to in Article 426 of the
Penal Code. In the orders referred to above the president of the civil court may order
the person making the seizure first to require suitable security.
Article 134 – Within thirty days of the date of the record of the seizure provided for in
the first paragraph Article 133 or of the date of the order provided for in the same
article, the distrainee or garnishee may request the president of the civil court to lift
the attachment or to limit its effects, or to authorize the resumption of the
manufacture or of the presentations or public performance, under the authority of an
administrator appointed receiver for and on behalf of the person to whom the
products of this manufacture or this exploitation belong. Where he agrees to the
request from the distrainee or garnishee, the president of the civil court, issuing an
interim order, may order the applicant to pay a sum allocated for surety for the
damages that may be claimed by the author or the holder of a related right.
Article 135 – Where the person making the seizure fails to bring the case before the
appropriate court within thirty days of the seizure, at the request of the distrainee or
garnishee an interim order for the lifting of this seizure may be issued by the
president of the civil court.
Article 136 – In the case of a software program, the confiscation of works infringing
copyright shall be ruled out by virtue of an order issued on request by the president of
the civil court. Where appropriate, the president shall authorize the attachment of real
property. The process server or police commissioner may be assisted by an expert
appointed by the applicant. In the absence of a writ of summons or a summons within