CAP. 130
(b)
Copyright
[Rev. 2014]
except, before the High Court or a Resident Magistrate’s Court.
(10) One half of all fines imposed and recovered by a competent court in respect
of the contravention of any of the provisions of this Act or of any regulations made
thereunder shall be paid into the revenues of the Board and the other half shall be
paid into the general revenues of Kenya.
PART V – INSPECTION
39. Inspectors
(1) The Board shall, for the purposes of enforcing the provisions of this Act,
appoint such number of inspectors as the Board considers appropriate and shall
issue to them, in writing or in such form as may be prescribed, certificates of
authority to act as such inspectors.
(2) In addition to inspectors appointed under subsection (1), any member of the
Board or a police officer may perform the functions of an inspector under this Act.
(3) A person appointed as an inspector shall hold office subject to such
conditions as the Board may determine with approval of the Minister.
40. Entry into premises
Subject to the provisions of this section, an inspector may, at any reasonable
time and on production of his certificate of authority, enter any premises, ship,
aircraft or vehicle for the purpose of ascertaining whether there is or has been, on
or in connexion with such premises, ship, aircraft or vehicle any contravention of
this Act.
41. Mode of inspection
(1) For the purpose of ascertaining whether there is or has been a contravention
of this Act, an inspector may inspect—
(a) any substance or article appearing to him to be a work;
(b) any container or package used or intended to be used to contain any
work; or
(c) any plant or equipment appearing to him to be used or intended to
be used in connexion with the production, reproduction or otherwise
manufacture of a work.
(2) An inspector may seize and detain any substance or article which he has
reasonable cause to believe to be an infringing copy of any work or in relation to
which or by means of which he has reasonable cause to believe that an offence
under this Act has been or is being committed, and any document which he
has reasonable cause to believe to be a document which may be required in
proceedings under this Act.
(3) Where an inspector seizes any work he shall in writing, notify the person
from whom it is seized the fact of that seizure and shall in that notification specify
any item seized.
[Issue 3]
C40 - 28
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