e24702_SN004
Translated from French
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3. Regularly constituted professional associations of right-holders shall have capacity to
take legal action in order to defend the collective interests of their members.
4. In the event of an infringement of an economic right that has been fully or partially
assigned and that confers exclusivity on the assignee, action shall be taken, insofar as the
transferred right allows, by the assignee.
Article 128. Competent courts. - All disputes relating to the application of the
provisions of the present Law shall be brought before the competent courts, without
prejudice to the right of the injured party to institute criminal proceedings under ordinary
law.
Article 129. Evidence. – 1. Apart from evidence under ordinary law, evidence of the
existence of any infringement of a right recognized under the present Law may take the
form of statements by sworn agents who are appointed by a collective management
society and approved subject to conditions established by decree.
2. The court hearing the case may order the defendant to produce the evidence under his
control, including banking, financial or commercial documents, provided that
confidential information is protected.
Article 130. Right of information. – At the defendant's request, the competent court
may order the defendant or any other person found in possession of offending goods to
provide information on the origin and distribution networks of goods and services that
infringe copyright or a neighboring right.
Section II. Provisional and precautionary measures
1. – Infringement seizure
Article 131. Competence. – Infringement seizure shall be ordered by the president of
the regional court at the request of one of the persons referred to in Article 127.
Article 132. Measures that may be ordered. – The president of the court may order:
1. the suspension of any manufacturing in progress for unauthorized reproduction;
2. the seizure, irrespective of the day and time, and even outside the hours laid down in
Article 831 of the Code of Civil Procedure, of copies constituting an unauthorized
reproduction, whether already manufactured or in the process of being manufactured, of
revenue obtained and of copies unlawfully used;
3. the suspension of any unauthorized communication to the public;
4. the seizure of revenue from any unauthorized reproduction or communication to the
public.
Article 133. Release of seizure. – 1. Within 30 days of the date of the order, the
distrainee or the garnishee may request the president of the court to order the release of
the seizure, limit its effects or authorize resumption of manufacture or of communication
to the public, under the authority of an administrator appointed as custodian, for the