e24702_SN004
Translated from French
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Article 140. Provision of information by the customs service. - The Public
Prosecutor, the right owner and the party declaring or in possession of the goods shall be
informed without delay by the customs service of the detention that it has carried out.
Article 141. Lifting of detention measure. – 1. 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 either that precautionary
measures under Article 132 have been taken or that he has instituted proceedings before
the civil or criminal courts and has provided the necessary guarantees to cover his
liability in the event of the infringement claim subsequently being rejected.
2. 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.
Chapter III. – Penalties
Section I. – Criminal penalties
Article 142. Infringement of the right of exploitation. – Infringement of the right of
communication to the public, the right of reproduction, the right of distribution or the
right of rental shall be punishable by a prison term of six months to two years and a fine
of one million to five million CFA francs.
Article 143. Dissemination, import and export of illegal copies. – The dissemination,
import and export of illegal copies shall be punishable by the same penalties.
Article 144. Infringement of moral rights. – Infringement of the moral rights of the
author and the performer shall be punishable by the same penalties.
Article 145. Interference with technological measures. – 1. The circumvention of the
technological protection measures referred to in Article 125 shall be punishable by a
prison term of one to three months and a fine of 500,000 CFA francs.
2. Interference with rights management information by means of one of the acts listed in
Article 126.3, where it is carried out knowingly, shall be punishable by the same
penalties.
Article 146. Failure to pay equitable remuneration and remuneration for private
copying. – Failure to pay the equitable remuneration referred to in Article 100 and the
remuneration for private copying referred to in Articles 103 to 109 shall be punishable by
the fine provided for in the previous Article.
Article 147. Repeat offenses. – In the event of repetition of the offenses set out in
Articles 142 to 145, the penalties incurred shall be doubled.