federal Negarit Gazcta - No, 55
1911I July, 2004 .
Page
4/ The amount of compensation for material damage
under Sub Article (I) of this Article shall be fixed
taking into account the extent of material damage
suffered by the owner of the right and the amount
of profit attributable to the act of infringement.
The arriount of compensation for moral damage
shall be determined based on the extent of the
damage and not be less than Birr .1 000,000 (Birr
one hundred thousand.
Federal Negarit Gazcta - No. 55
19'" July. 2004.
Page
36. Criminal Sanctions
1/ Unless otherwise heavier penalty is provided for
under the criminal law, whosever intentionally
violates a right protected under this law shall be
punished with rigorous imprisonment of a term
not less than 5 years and not more than 10 years.
2/ Unless otherwise heavier penalty is provided for
5/
Where the person who commits the act of
infringement is not aware of or has no reasonable
ground to be aware of, the court may limit the
amount of compensation to the profit derived
from the act.
under the criminal law, whosever by gross
. negligence violates a right protected under this
law shall be punished with rigorous imprisonment
of a term not less than I year and not more than 5
years.
6/
Where copies and packages that infringes a right
are discovered, unless the owner of the right
otherwise requires, the court shall make the
copies outside the channels of commerce, order
their destruction of other reasonable disposition,
without causing harm to the owner of the right.
This provision shall not apply to copies and
packages acquired by third parties in good faith.
3/ The penalty, where appropriate, shall include the
seizure, forfeiture and destruction of the
infringing goods and of any materials and
implements used in the commission of the
offence.
35. Border Measure
1/ The Customs authority shall, based on a written
application of the owner of copyright or
neighboring right, retain under its control the
goods, which in the opinion of the applicant
constitutes infringed goods.
2/ The customs authority shall forthwith inform the
. applicant or the owner of the good of the measure
taken to retain the said goods.
3/ The measure to retain goods shall be lifted where
the applicant fails to provide with any justifiable
evidence with in ten days beginning from the date
of notification of retention of the goods.
4/ The applicant shall be held responsible for the
damage caused by the retention of goods, where
the application is proved unfounded.
5/
The customs authority.may confiscate infringed
goods when ordered by the court.
PART SEVEN
MISCELANEOUS PROVISIONS
37. Works Protected Under The Existing Law
1/ The provisions of this proclamation shall apply to
works dating back to before the coming. into
effect of this proclamation, provided that the term
of protection had not expired under the former
legislation
2/ This proclamation shall not affect contracts on
works concluded before the coming in to force of
this proclamation.
.
38. Inapplicable laws
Any other law, which is inconsistent with this
Proclamation, shall not be applicable with respect to
matters provided for in this Proclamation
39. Power to Issue Regulations and directives
1/ The Council of ~inisters may issue regulations for
the implementation of the Proclamation.
2/
The Office may issue Directives for the
implementation of the regulations.