federal Negarit Gazcta - No, 55 1911I July, 2004 . Page 4/ The amount of compensation for material damage under Sub Article (I) of this Article shall be fixed taking into account the extent of material damage suffered by the owner of the right and the amount of profit attributable to the act of infringement. The arriount of compensation for moral damage shall be determined based on the extent of the damage and not be less than Birr .1 000,000 (Birr one hundred thousand. Federal Negarit Gazcta - No. 55 19'" July. 2004. Page 36. Criminal Sanctions 1/ Unless otherwise heavier penalty is provided for under the criminal law, whosever intentionally violates a right protected under this law shall be punished with rigorous imprisonment of a term not less than 5 years and not more than 10 years. 2/ Unless otherwise heavier penalty is provided for 5/ Where the person who commits the act of infringement is not aware of or has no reasonable ground to be aware of, the court may limit the amount of compensation to the profit derived from the act. under the criminal law, whosever by gross . negligence violates a right protected under this law shall be punished with rigorous imprisonment of a term not less than I year and not more than 5 years. 6/ Where copies and packages that infringes a right are discovered, unless the owner of the right otherwise requires, the court shall make the copies outside the channels of commerce, order their destruction of other reasonable disposition, without causing harm to the owner of the right. This provision shall not apply to copies and packages acquired by third parties in good faith. 3/ The penalty, where appropriate, shall include the seizure, forfeiture and destruction of the infringing goods and of any materials and implements used in the commission of the offence. 35. Border Measure 1/ The Customs authority shall, based on a written application of the owner of copyright or neighboring right, retain under its control the goods, which in the opinion of the applicant constitutes infringed goods. 2/ The customs authority shall forthwith inform the . applicant or the owner of the good of the measure taken to retain the said goods. 3/ The measure to retain goods shall be lifted where the applicant fails to provide with any justifiable evidence with in ten days beginning from the date of notification of retention of the goods. 4/ The applicant shall be held responsible for the damage caused by the retention of goods, where the application is proved unfounded. 5/ The customs authority.may confiscate infringed goods when ordered by the court. PART SEVEN MISCELANEOUS PROVISIONS 37. Works Protected Under The Existing Law 1/ The provisions of this proclamation shall apply to works dating back to before the coming. into effect of this proclamation, provided that the term of protection had not expired under the former legislation 2/ This proclamation shall not affect contracts on works concluded before the coming in to force of this proclamation. . 38. Inapplicable laws Any other law, which is inconsistent with this Proclamation, shall not be applicable with respect to matters provided for in this Proclamation 39. Power to Issue Regulations and directives 1/ The Council of ~inisters may issue regulations for the implementation of the Proclamation. 2/ The Office may issue Directives for the implementation of the regulations.