The minutes of report and seizure are drafted by one of the officers of judiciary police indicated in point 1 of paragraph one of this article or two agents among those indicated in points 2, 3 or 4 of paragraph one of this article, having carried out personally and directly the report of the infringement or the seizure. The minutes shall comprise the first name of the judiciary police officer or of each of the two agents who drafted as well as his name, quality, rank, signature and shall carry the seal of the administration to which he belongs, He shall also comprise the declarations of the offender or his representative, as well as his signature. It is mentioned the absence of the offender or his representative if it does not appear, or the refusal of signature when he is present. The minutes shall also mention the date and place of the report or the seizure and the information of the offender or his representative of the subject of the reported infringement or the seizure, if he is present, or to address him a copy of the minutes by registered mail, in the event of absence, and proving the transmission of the aforementioned copy to the interested party. The minutes of the report and seizure are addressed within seven days to the relevant public prosecutor, who transmits them to the competent court to rule on the confirmation or the lifting of the seizure within a deadline which should not exceed one month as from the date of the realization of the seizure. If the court does not rule on the seizure within the prescribed deadlines, the seizure is automatically lifted. The responsibility of the departments, to which the agents mentioned in paragraph one of this article belong may in no case be engaged if they do not manage to recognize the suspected products not respecting the copyrights and similar rights. Article 55 (new): The competent courts may, when ruling on the substance, automatically order or at the request of the holder of the not respected right or his representative, the confiscation or destruction of copies, material or means having been mainly used for the achievement of the infringement. They may also order the suspension of activity subject of the infringement in the premises where it was reported, temporarily for a period not exceeding six months or on a final basis in the event of relapse. They may order the publication of the judgment in its entirety or partially in the newspapers which they indicate by fixing the duration of publication, and the posting of a copy of this judgment in the places that they indicate at the expenses of the convicted person. Article 56 (new): The provisions of the law herein relating to the copyrights apply to: a- the works whose original author or any other holder of the copyright is Tunisian, or has his usual residence or its registered office in Tunisia, Page 744 b- the audio-visual works whose producer is Tunisian, or has his usual residence or its registered office in Tunisia, c- the works published for the first time in Tunisia or those published in Tunisia in the thirty days following their first publication in another country, d- the works of architecture erected in Tunisia or the works of fine arts incorporated in a building located in Tunisia. The provisions of the law herein relating to the copyrights apply to the works which are entitled to protection according to an international convention ratified by the Tunisian State. Article 57 (new): The provisions of the law herein relating to the similar rights apply to: a) the interpretations when: - the interpreter artist is Tunisian, - the interpretation takes place on the Tunisian territory, - the interpretation is fixed on an audio or audio-visual recording protected by the law herein or when it was not fixed, it was incorporated in a radio or television broadcast protected by the law herein. b) the audios or audio-visual recordings when: - the producer is Tunisian, - the first fixing of the sound or the image and sound, was carried out in Tunisia, - the audio or audio-visual recording was published for the first time in Tunisia. c) the radio or television broadcast when: - the registered office of the organization of radio and television is located in Tunisia; - the radio or television broadcast is diffused from a station located in Tunisia. The provisions of the law herein also apply to the interpretations, the audio-visual recordings audios or the radio or television broadcasts, protected by an international convention ratified by the Tunisian State. Article 2 : It is added to law n° 94-36 darted 24 February 1994, relating to the literary and artistic property, a last dash and a last paragraph to article one, a last paragraph to article 4, articles 9-bis-, 9-ter -, a last paragraph to article 39, article 42 -bis -, articles 50 bis to 50-sexies- and article 54 –bis-: Article one : last dash: - digital works. last paragraph: The protection of the copyright extends to the expressions and does not cover: - Ideas, procedures, methods of operation or mathematical concepts, as such. - Official texts of legislative, administrative or legal nature and their official translations. Official Gazette of the Republic of Tunisia — 30 June 2009 N° 52

Seleccionar párrafo de destino3