Chapter XI
Academies measurements,
damages and
sanctions
81. In the event of imminent infringement with
the royalty or the related rights, the holder of the aforesaid rights, or its
successors on a purely universal or particular basis, like, in particular,
associations or collective trust companies of the rights, take all academies
measurements necessary aiming at preventing very reached with these rights.
To this end, the judge of the summary procedures can make any
decision envisaged by the law and can in particular return ordinances
provisional aiming at protecting the right in question or the work which is the
subject of the attack, like any other work of the author or the holder of the
related rights. The judge of the summary procedures can match his decision of
an obligation. The president of the qualified magistrates' court or the
qualified Attorney General has also the right to order above-mentioned
academies measurements.
82. The judge of the summary procedures, the
president of the magistrates' court or the Attorney General can seize on a
purely provisional basis the elements proving the attack carried to the royalty
or the related rights or order that is drawn up an inventory of these elements
and to leave them with the guard of the defendant.
83. In the event of infringement with the
royalty or the related rights, the right of the aforesaid holders can seize the
court of jurisdiction to ask that an ordinance be returned aiming at putting a
term at the above-mentioned attack or to prevent all new attack.
84. Whoever undermines the royalty or with the
related rights is held to pour damages in repair of the material loss and moral
undergone by the holder of the rights; these damages are fixed by the courts
according to the commercial value of work, the damage and the losses undergone
by the holder of the rights and the benefit drawn by the author of the attack.
It is up to the court to pronounce the seizure of the elements which are the
subject of the continuations as well as apparatuses and material used to commit
the offense.
85. Being works belonging or not to the public
domain, is liable to a sorrow of one month imprisonment at three years and to a
fine of five million to 50 million Lebanese pounds, or one of these two sorrows
only, whoever
-- deposit or charges a third with fraudulently depositing a
literary or artistic work under a false name;
-- imitate, fraudulently and in the intention to mislead the
purchaser, the signature or the mark of the author;
-- counterfeits, with full knowledge of the facts, a literary or
artistic work; or
-- sells, stores, exposes to the sale or puts in circulation,
with full knowledge of the facts, a counterfeited or signed work name of a
plagiarist.
In the event of repetition, the sorrow is doubled.
86. Is liable to a sorrow of one month
imprisonment at three years and to a fine of five million to 50 million
Lebanese pounds, or one of these two sorrows only, whoever carries reached or
tries to carry reached, with full knowledge of the facts and with a lucrative
aim, with the one of the royalties or of the holder of the related rights aimed
by the present law; in the event of repetition, the sorrow is doubled.
The court of competent jurisdiction can also order the closing
of the buildings, the commercial establishment, the chain of television or
broadcasting which undermines the royalty for one one week duration to one
month, as well as the destruction of any copy or any specimen of work realized
without the assent of the holder of the rights and of all the equipment and
apparatuses used for this purpose. The court can also order the publication of
the judgment in two local newspapers, with the expenses of the defendant.
This article is applied taking into account the provisions of
articles 200 and following of the penal code.
87. Is liable to a sorrow of one month
imprisonment at three years and to a fine of five million to 50 million
Lebanese pounds, or one of these two sorrows only, whoever manufactures,
imports for the sale or of the hiring, proposes with the sale or with the
hiring, holds for the sale or of the hiring, or any equipment, apparatus or
completely designed device rent install sell or partially to collect, without
authorization, an emission of television or broadcasting reserved for part of
the public being discharged of a royalty to receive the aforementioned
emission. In the event of repetition, the sorrow is doubled.
88. Is liable to a sorrow of one month
imprisonment at three years and to a fine of five million to 50 million
Lebanese pounds, or one of these two sorrows only, whoever organizes or
facilitates the reception of the above-mentioned emissions by others. In the
event of repetition, the sorrow is doubled.
89. Being the above-mentioned attacks, the
action can be committed of office by the Attorney General, at the request of
the injured part or by the director of the Office for the protection of the
intellectual property.
90. The court orders relating to
above-mentioned infringements must be notified by the courts which pronounced
them with the Office for the protection of the intellectual property within 15
day as from the date of the delivery.
91. It is absolutely prohibited, in all
circumstances, to import, make enter in deposit or frank zone and to make
forward in Lebanon of the sound recordings, of works counterfeiting of the
recordings and works which enjoy protection under the terms of the present law;
such works must be seized where that they are.
92. Are qualified to determine suspect
objects, to draw up the inventory of it and to take of them samples the
policemen, the servants of the customs and the civils servant of the Office for
the protection of the intellectual property sworn in to this end. These civils
servant act under the orders or with the authorization of the Attorney General
or the Office for the protection of the intellectual property and are held to
inform the aforementioned office of any infringement to the provisions of this
law of which they would be informed. The sworn in civils servant of the Office
for the protection of the intellectual property act as quality of legal senior
police officers for purposes of the application of this law.
Any suspect object can be indicated, inventoried and be sampled
where that it is. Any sampling and any designation or inventory of these
samples must be the official report object where are mentioned
1. the first name, surname, quality and place of residence of
the civil servant who writes the official report;
2. the authority which gave mandate to the civil servant and the
date on which this mandate was given;
3. the date, the hour and the place of the operation;
4. the first name, surname, nationality, place of residence and
profession of the person at whom the operation took place;
5. a report/ratio detailed concerning the suspect objects,
including/understanding the number, the kind and the quality of these
objects;
6. the signature of the person at which the objects or the goods
was found or, if the aforementioned person refuses to sign, a mention of this
refusal; and
7. the signature of the agent which wrote the official
report.
The owner of the goods has the right to register with the
official report all information and reserves which it estimates useful and to
take copy of the official report, and, if necessary, of the inventory. The
civil proceeding or penal must be committed in front of the court of competent
jurisdiction within 15 day as from the date of the official report, under
penalty of nullity.
93. The court can, on request of the applicant
and before the conclusion of the authority, to order the seizure of the
totality or part of the objects registered with the official report and in the
inventory and it can order, in this case, with the applicant to pour at the
clerk's office of the court, before the seizure, a guarantee which it fixes
according to the value of the objects of which it for submission to pronouncing
the seizure.
The court appoints by ordinance the civil servant charged to
carry out the seizure; in the same way, it can indicate the place in which the
seized objects must be stored as well as the sequestration to which the
aforementioned objects must be entrusted.
94. The civil servant who carries out the
seizure must write at once an official report in double specimen and must
deliver one of the specimens to the seized person. The official report is
written in accordance with the provisions of article 92 of this law and is
joined to the inventory of the seized objects. The seized person sign two
specimens of the official report; in the event of refusal or of incapacity to
sign, the aforementioned refusal or the aforementioned incapacity is mentioned
on the two specimens of the official report on the spot of the seizure.
95. The seized person must receive a copy of
the documents hereafter:
1. the warrant for attachment;
2. the document attesting the payment of the security near the
clerk's office of the court, when such a deposit was ordered;
3. the inventory of the seized objects; and
4. the official report of the seizure.
96. If the Office for the protection of the
intellectual property carries out an inspection at the request of the injured
part, this one pours to him a contractual tax of an amount of 100.000 pounds
Lebanese.
97. Any decision of court pronounced in the
above-mentioned cases involves the application of the complementary sorrows
hereafter:
1. the posting of the decision at the places indicated by the
court and the publication of the decision in two local newspapers indicated by
the court, to the expenses of the defendant; and,
2. in all the cases where the condemned part is a newspaper, a
review or a broadcasting station or television, the publication of the decision
in this newspaper, this review or this television or broadcasting station, in
addition to the two above-mentioned publications.
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