possession of a copy of any of such works, sold or let for hire or by way of trade offered or exposed for sale or hire such copy. (11) Where in any proceedings by virtue of this Chapter with regard to the alleged infringement of the copyright in a work it is proved that the person alleged to have done an act which allegedly infringes the relevant copyright did such act without the authority of the exclusive licensee, it shall be presumed, unless the contrary is proved, that the relevant act was done also without the authority of the owner of the copyright concerned. (12) (a) (b) In any proceedings by virtue of this Chapter relating to the alleged infringement of the copyright in a work, evidence to prove(i) the subsistence of the copyright in that work; or (ii) the title of any person in respect of such copyright, whether by way of ownership or licence, may be adduced by way of affidavit, and the mere production of such affidavit in such proceedings shall be prima facie proof of the relevant facts. The court before which an affidavit referred to in paragraph (a) is produced, may in its discretion order the person who made the affidavit to be subpoenaed to give oral evidence in the proceedings in question, or may cause written interrogatories to be submitted to such person for reply, and any reply purporting to be a reply from such person, shall likewise be admissible in evidence in such proceedings. [S. 26 amended by s. 3 of Act 66 of 1983, by section 10 of Act 52 of 1984 and by s. 3 (1) of Act 13 of 1988 and substituted by s. 23 of Act 125 of 1992.] 27 Penalties and proceedings in respect of dealings which infringe copyright (1) Any person who at a time when copyright subsists in a work, without the authority of the owner of the copyright(a) makes for sale or hire; (b) sells or lets for hire or by way of trade offers or exposes for sale or hire; (c) by way of trade exhibits in public; (d) imports into the Republic otherwise than for his private or domestic use; (e) distributes for purposes of trade; or Source: http://www.wipo.int/portal/es/

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