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La propriété littéraire et artistique : Commentaire de la loi libanaise du 3 avril 1999


par Imane El Sokhn
Université Saint-Joseph / Faculté de Droit - DEA de droit privé et droit des affaires 2005
  

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Chapter X
Deposit

76. Work, the sound record, interpretation or execution or the broadcast or televised program must be lodged with the Office for the protection of the intellectual property of the Ministry for the economy and the trade.

The deposit constitutes for the depositor a presumption of proof of the property of work, sound record, interpretation or execution or broadcast or televised program; however, this presumption can be fought by any means of contrary proof.

77. Any holder of the royalty or of related rights-- like his successors on a purely particular or universal basis-- which wishes to carry out a deposit must present at the Office for the protection of the intellectual property a request signed for his hand or hand of his agent, comprising information hereafter:

-- the title and the type of work, the sound recording, interpretation or execution or the broadcast or televised program;

-- the name, quality and address of the author or the holder of the related rights; when the author or the holder of the related rights does not carry out itself the deposit, the request must also comprise above-mentioned information with regard to the person who carries out the deposit;

-- the authentic type of instrument on which the depositor melts its request for deposit, when the depositor is not the author or the holder of the related rights; and

-- if necessary, the name and addresses of the person authorized to carry out work on the material level (printer, stereotyper, etc).

Moreover, it is advisable to join at the request of deposit

has) a copy or an extract of the document in virtue of which the deposit is carried out, when the applicant is not the author or the holder of the related rights itself (procuration, act of renunciation, contract, agreement...); and

b) three specimens of the work or the object of the related rights. Being the illustrations, of the oil-base paints and to water, of the statues, works of architecture and works of which there is one specimen, the above-mentioned specimen is replaced by a reproduction, photographic or different, work in these three dimensions, presenting the shape and the aspect of work, overall and in detail.

78.-- 1) the deposit is admissible only if it is accompanied by the tax whose amount is fixed by this article.

2) The amount of the taxes perceived by the Office for the protection of the intellectual property is fixed as follows:

-- deposit of a printed work: 50.000 pounds Lebanese;

-- deposit of a cinematographic film, a videogram or a sound recording: 175.000 pounds Lebanese;

-- deposit of a daily or periodic publication: 75.000 pounds Lebanese (for one year);

-- deposit of an illustration, a geographical drawing, a postcard, a photograph or a daily or periodic publication (1 specimen): 25 000 pounds Lebanese;

-- deposit of any other object not mentioned above: 50.000 pounds Lebanese;

-- tax with recording of a contract relating to a deposit near the office: 50.000 pounds Lebanese;

-- tax for the realization with a certified copy with a certificate with recording: 25.000 pounds Lebanese.

79. The request for deposit is recorded near the Office for the protection of the intellectual property and the depositor receives a certificate where information is mentioned which appears in the request, accompanied by the three specimens deposited.

The certificate is dated, sealed and signed by the director of the office. The first certificate is provided free and the office levies an additional levy, as mentioned with the preceding article, for very new specimen of the certificate.

80. Any bearing contract on a work, a sound recording, an emission or a broadcast or televised program recorded near the Office for the protection of the intellectual property can also be recorded near the known as office.

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