(b) the manufacture or importation for sale or rental of any device or means that is susceptible to enable or assist the reception of an encrypted program, which is broadcast or otherwise communicated to the public, including by satellite, by those who are not entitled to receive the program; (c) the removal or alteration of any electronic rights management information without authority; (d) the distribution import for distribution, broadcasting, communication to the public or making available to the public, without authority, of works, performances, sound recording or broadcasts, knowing or having reason to know that electronic rights management information has been removed or altered without authority. (2) In the application of civil and criminal remedies under this Part, any illicit device and means referred to in subsection (1) and any copy from which rights management information has been removed, or in which such information has been altered, shall be assimilated to infringing copies of works, and any illicit act referred to in subsection (1) shall be treated as an infringement of copyright or related rights to which the civil remedies and criminal sanctions provided for in this Part are applicable. (3) In this section, "rights management information" means any information which identifies the author, the work, the producer of the sound recording, the broadcaster, the performer, the performance, or any owner of a right under this Act, any information about the terms and conditions of use of the work or the performance, and any numbers or codes that represent such information, when any of these items of a work or a fixed performance, appears in connection with the broadcasting, communication to the public or making available to the public of a work or a fixed performance. 33A. Copyright Arbitration Panel (1) Notwithstanding the other provisions of this Act, there shall be appointed, by the Minister, an arbitration panel which shall be known as the Copyright Arbitration Panel, for the settlement of disputes under this Act. (2) The Panel shall be composed of not less than three but not more than five persons, one of whom shall be a person who is enrolled to practice as an attorney in the High Court of Botswana, and has been an attorney for not less than seven years, or a person who has held judicial office in Botswana. (3) The person referred to under subsection (2) shall be the chairperson of the Panel. (4) The other members of the Panel shall be persons who are knowledgeable in the field of copyright. (5) No person shall be appointed as a member of the Panel, nor shall any person so appointed sit in any hearing or proceeding of the Panel where he or she, his or her spouse or business partner, or his or her employer or any person closely associated with him or her, has a pecuniary interest in any matter which comes before the Panel for determination. PART VI General Provisions (ss 34-39) 34. Application of Act to works protected under Cap 68:01 (1) The provisions of this Act shall apply to works, performances, sound recordings and broadcasts protected under the Copyright Act (which is repealed under section 38 and is hereinafter referred to as "the repealed Act") before the commencement of this Act, provided that the term of protection had not expired under the repealed Act or under the legislation of the country of origin of such works, performances, sound recordings or broadcasts that are to be protected under an international treaty to which the Republic of Botswana is party. (2) The provisions of this Act shall not affect contracts on works, performances, sound recordings and broadcasts concluded before the commencement of the Act. 35. Scope of application (1) The provisions of this Act concerning the protection of literary and artistic works shall apply to- Copyright Government of Botswana