0
Supplement to Official Gazette
[21stApril 2014]
73
of distribution, unless this would be out of proportion to the
seriousness of the infringement.
31.(1) A person who willfully and on a commercial scale
infringes any reproduction rights protected under this Act,
commits an offence and shall on conviction be liable to
imprisonment for a term not exceeding five years or with a fine
not exceeding SCR50,000 m· with both such imprisonment and
fine.
Offences and
penalties
(2) The comt may, in fixing the amount of fine under
subsection (1 ) take into account the profits or loss attributable
to the infringement.
,
(3 ) Where a person is convicted for a second or
subsequent offence committed within five years of a previous
conviction under this section, the person shall be liable to
imprisonment for a term not exceeding ten years or with a fine
not exceeding SCRlOO,OOO or with both such imprisonment
and fine.
·
(4) The court may apply the measmes and remedies
referred to insection 29(1)(b) and (2) andsection 3 0(5), (6) and
(7).
32.(1) It is prohibited to
(a)
c i r c u m vent effective technological
protection measures; or
(b)
produce, import, distribute, sell, rent,
advertise for sale or rental, or possess
devices, products, components or services
for commercial purposes, which
(i)
are promoted, advertised or marketed
for the pmpose of circumventing
effective technological protection
measures;
Technological
protection
measures