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Volume 111, Number 59A
Page 19
Royal Gazette

21 December 2537

the printer, the publisher, or the printer and publisher, it shall be presumed that the person who is the printer, the publisher, or the printer and publisher as said is the owner of the copyright or performers’ rights over such work.

Section63.No case of infringement of copyright or performers’ rights can be instituted upon expiry of the period of three years from the day the owner of the copyright or performers’ rights learns of the infringement and of the identity of the infringer. In addition, it must not be instituted later than ten years from the day of infringement of copyright or performers’ right.

Section64.In the event that copyright or performers’ rights have been infringed, the court has the power to order the infringer to compensate the owner of the copyright or performers’ rights with damages in the amount which the court finds appropriate, taking into account also the severity of the damage, the loss of benefits, and the expenses necessary for the enforcement of rights incurred by the owner of the copyright or performers’ rights.

Section65.In the event that clear evidence shows any person commits or is about to commit any act which constitutes infringement of copyright or performers’ rights, the owner of the copyright or performers’ rights may apply to the court for an order directing the said person to terminate or refrain from the said act.

The court order under paragraph 1 does not prejudice the right of the owner of the copyright or performers’ rights to demand damages in accordance with section 64.

Section66.The offences under this Act are compoundable.


Section67.For the purposes of executing this Act, the competent officials shall be the public officers under the Penal Code and shall have the following powers and duties:

(1)to enter any person’s building, place of work, place of manufacture, or place of storage during the time between sunrise and sunset or during the working hours of such place or enter a vehicle in order to conduct a search on merchandise or conduct a scrutiny when an offence under this Act is committed;

(2)to seize or sequester for the sake of prosecution documents or articles concerning the commission of an offence, when an offence under this Act is reasonably suspected to have been committed;