2° the detention, impoundment or destruction of copies of works or phonograms made or imported or suspected of being made or imported without the authorization of the owner of any right protected under this Law; 3° the detention, impoundment or destruction of the packaging of copies of those works or phonograms, the implements, instruments or materials that could be used for the making of, and the documents, accounts or business papers referring to such copies; 4° disposal of copies, phonograms and their packaging outside the channel of commerce in such a manner as to avoid harm, or continuation of being harmed to the right owner; 5° disposal of the implements, instruments or materials outside the channel of commerce that are used to commit or continue to commit acts of infringement, to the right owner. The detention, impoundment or destruction in accordance with paragraph one of this article shall not be applicable to copies and their packaging which were acquired by a third party in good faith. Article 260: Requirements for ordering corrective measures Upon order by competent tribunal, the owner of any right protected whose right has been infringed shall be entitled to payment, by the infringer, of damages for the prejudice suffered. The right compensation shall be fixed taking into account the importance of the prejudice suffered by the owner of the right, the importance of the infringer’s profits attributable to the infringement as well as the payment of expenses caused by the infringement in undertaking proceedings before administrative authorities and competent tribunals by the owner of the protected right. Where the infringer did not know or had no reasonable grounds to know that he was engaged in infringing activity to protected title provided by this Law, the competent tribunal may limit damages and compensation for the prejudice suffered to the profits of the infringer attributable to the infringement. CHAPTER II: CRIMINAL PROVISIONS Article 261: Act of forgery Subject to the provisions of this Law, any industrial or commercial use, in the Republic of Rwanda, of an invention, utility model, industrial design and model, mark or other distinctive sign of business, trade name, geographical indication or layout design integrated circuit, which is the subject of a protection title granted under this Law and made by any person other than the owner of the title and without his or her consent, shall constitute an act of forgery. Any infringement of copyrights or related rights protected under this Law, committed willfully or by gross negligence, by any third person for profit-making purposes and without owner’s right consent shall constitute an act of forgery.

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