4)
the repression of the infringements
Any reproduction, representation or diffusion, by some means
that it is, of a work of the spirit in violation of the royalties defined by
the law, constitute a counterfeit.
The author thus has the choice between exerting civil
continuations, to obtain damages n the other hand of its moral wrong and
patrimonial, or to bring penal continuations on the base of the offense of
counterfeit. It is necessary for that that the offense is noted in France,
which does not raise any difficulty in practice. Indeed, any site pertaining to
the world network that is Internet, is likely to be apprehended starting from
any computer connected in France. However, the closing of the litigious Web
site decided by a judge, will have effectiveness only if this site is lodged by
a waiter located in France.
Because of the modest presence of the French language on the
network, it seems realistic to consider that the majority of the infringements
of the rights of the French authors will be physically attached to sites lodged
by waiters domiciled on our territory. Moreover, most of the infringements is
due to the ignorance of the rules and not to a will deliberated to harm, from
where the importance of information and sensitizing of the public on this
subject.
The majority of the countries have a national legislation as
regards royalty, even if the rules are seldom identical. But there are States
much more laxists on the level of continuation of the infringements in this
field. Fortunately, two International Conventions gathering more than eighty
countries and having for vocation to allow a minimal protection and quasi
planet gear of works of the spirit were concluded: It is about the
Convention of Bern of October 9, 1886 placed under the aegis of the
World Organization of the Intellectual Property (OMPI), and of that of
Geneva dating from September 6, 1952, organized by U.N.E.S.C.O.
| 
