ten day, as from the notification of the retention, to the customs departments having: - obtained adequate precautionary measures from the competent court, - engaged a civil or penal action, - presented a sufficient guarantee to cover the responsibility towards the concerned persons, if it would be established thereafter, that the products in question do respect the copyrights and similar rights. The amount of this guarantee is fixed by the competent court. The deadline mentioned in paragraph one of this article may be extended for a further ten days at maximum by the customs departments, in appropriate cases. The measure of retention of the products taken according to article 50 - bis - is also automatically lifted failing by the author, the holders of the similar rights or their representative to have deposited the request indicated in the same article within seven day of the notification date at the customs departments. Article 50 - sexies -: The owner, importer, exporter or recipient have faculty to obtain from the competent court, the lifting of the retention of the products subject of the litigation with the deposit of a sufficient guarantee to protect the interests of the author or holders of the similar rights, on condition that : - the customs departments were informed within the deadline mentioned in article 50 -quinquies- of the law herein of the seisin of the competent court to rule on the substance; - the competent court did not order precautionary measures at the expiration of this deadlines; - all the customs formalities were accomplished. Article 54 - bis -: The right holder or his representative may on a precautionary basis and according to an order on request of the president of the competent court, proceed by bailiff assisted by a designated expert, if necessary, by the president of the competent court, to a detailed description, with or without real seizure of the products which present a violation of the copyrights and similar rights. The real seizure is limited, if necessary, to put between the hands of justice the samples necessary to prove the violation. May be stopped or prohibited the representations or public performances in progress or already announced, according to an order on request obtained of the president of the competent court. The president of the competent court may also in the document order: 1- the suspension of any operation of manufacture in progress tending to the illicit reproduction of a work. 2- the seizure of the specimens already manufactured or in the course of manufacture constituting illicit reproduction of a work, the realized incomings, as well as Page 746 the specimens illicitly used, in accordance with the provisions of the penal procedures code. 3- the seizure of the incomings from any reproduction, representation, interpretation or diffusion of a work, by any means, carried out in violation of the copyrights or similar rights. The president of the competent court may by an order on request, in the cases provided for in paragraphs one, two, and four of this article, order the preliminary constitution by the applicant, of a guarantee before carrying out the seizure. The description, seizure, stop or prohibition of the representation or performance are automatically lifted failing by the applicant within fifteen days to bring an action at law and this, independently of the damages. The fifteen-day deadline shall run as from the day of description, seizure, stop or prohibition. Article 3: Is added to the law n° 94- 36 dated 24 February 1994, relating to the literary and artistic property chapter VII - bis - entitled "the similar rights ". This chapter includes the articles of 47- bis - to 47-decies-: Chapter VII bis Similar rights Article 47 - bis - : It shall be meant by similar rights within the meaning of the law herein, the rights which enjoy the interpreter or performer artists, the producers of audio or audio-visual supports and the radio and television institutions. The protection of similar rights provided for by the law herein leaves intact and does not affect in any way the protection of the copyrights. Consequently, no provision relating to the similar rights could be interpreted so as to limit the exercise of the copyrights. Article 47 - ter -: It shall be meant by interpreter or performer artists, within the meaning of the law herein: the actors, singers, musicians, dancers and other persons who represent, sing, recite, declaim, play or perform in any other manner protected literary or artistic works, folkloric works within the meaning of article 7 of the law herein or works which fell within the remit of the public domain. Article 47 - quater -: The interpreters or performer artists enjoy the following non pecuniary and pecuniary rights: 1- the non pecuniary rights which are: - the right, with regard to their live or fixed on an audio or audio-visual recording audio or audio-visual interpretations or performances, to be mentioned as artists interpreters or executants, except when the use method of interpretation or performance imposes the absence of this mention. - the right to oppose any deformation, mutilation, other modification or non respect of their interpretations or performances, prejudicial to their reputations. Official Gazette of the Republic of Tunisia — 30 June 2009 N° 52

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