ten day, as from the notification of the retention, to the
customs departments having:
- obtained adequate precautionary measures from the
competent court,
- engaged a civil or penal action,
- presented a sufficient guarantee to cover the
responsibility towards the concerned persons, if it would be
established thereafter, that the products in question do
respect the copyrights and similar rights.
The amount of this guarantee is fixed by the competent
court.
The deadline mentioned in paragraph one of this article
may be extended for a further ten days at maximum by the
customs departments, in appropriate cases.
The measure of retention of the products taken
according to article 50 - bis - is also automatically lifted
failing by the author, the holders of the similar rights or
their representative to have deposited the request indicated
in the same article within seven day of the notification date
at the customs departments.
Article 50 - sexies -:
The owner, importer, exporter or recipient have
faculty to obtain from the competent court, the lifting of
the retention of the products subject of the litigation with
the deposit of a sufficient guarantee to protect the
interests of the author or holders of the similar rights, on
condition that :
- the customs departments were informed within the
deadline mentioned in article 50 -quinquies- of the law
herein of the seisin of the competent court to rule on the
substance;
- the competent court did not order precautionary
measures at the expiration of this deadlines;
- all the customs formalities were accomplished.
Article 54 - bis -:
The right holder or his representative may on a
precautionary basis and according to an order on request of
the president of the competent court, proceed by bailiff
assisted by a designated expert, if necessary, by the
president of the competent court, to a detailed description,
with or without real seizure of the products which present a
violation of the copyrights and similar rights.
The real seizure is limited, if necessary, to put between
the hands of justice the samples necessary to prove the
violation.
May be stopped or prohibited the representations or
public performances in progress or already announced,
according to an order on request obtained of the president
of the competent court.
The president of the competent court may also in the
document order:
1- the suspension of any operation of manufacture in
progress tending to the illicit reproduction of a work.
2- the seizure of the specimens already manufactured or
in the course of manufacture constituting
illicit
reproduction of a work, the realized incomings, as well as
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the specimens illicitly used, in accordance with the
provisions of the penal procedures code.
3- the seizure of the incomings from any reproduction,
representation, interpretation or diffusion of a work, by any
means, carried out in violation of the copyrights or similar
rights.
The president of the competent court may by an order
on request, in the cases provided for in paragraphs one, two,
and four of this article, order the preliminary constitution by
the applicant, of a guarantee before carrying out the seizure.
The description, seizure, stop or prohibition of the
representation or performance are automatically lifted
failing by the applicant within fifteen days to bring an
action at law and this, independently of the damages.
The fifteen-day deadline shall run as from the day of
description, seizure, stop or prohibition.
Article 3:
Is added to the law n° 94- 36 dated 24 February 1994,
relating to the literary and artistic property chapter VII - bis
- entitled "the similar rights ". This chapter includes the
articles of 47- bis - to 47-decies-:
Chapter VII bis
Similar rights
Article 47 - bis - :
It shall be meant by similar rights within the meaning of
the law herein, the rights which enjoy the interpreter or
performer artists, the producers of audio or audio-visual
supports and the radio and television institutions.
The protection of similar rights provided for by the law
herein leaves intact and does not affect in any way the
protection of the copyrights. Consequently, no provision
relating to the similar rights could be interpreted so as to
limit the exercise of the copyrights.
Article 47 - ter -:
It shall be meant by interpreter or performer artists,
within the meaning of the law herein: the actors, singers,
musicians, dancers and other persons who represent, sing,
recite, declaim, play or perform in any other manner
protected literary or artistic works, folkloric works within
the meaning of article 7 of the law herein or works which
fell within the remit of the public domain.
Article 47 - quater -:
The interpreters or performer artists enjoy the following
non pecuniary and pecuniary rights:
1- the non pecuniary rights which are:
- the right, with regard to their live or fixed on an audio
or audio-visual recording audio or audio-visual
interpretations or performances, to be mentioned as artists
interpreters or executants, except when the use method of
interpretation or performance imposes the absence of this
mention.
- the right to oppose any deformation, mutilation, other
modification or non respect of their interpretations or
performances, prejudicial to their reputations.
Official Gazette of the Republic of Tunisia — 30 June 2009
N° 52