CAP. 130 Copyright [Rev. 2014] 36. Authentication of copyright (1) Every sound and audiovisual recording made available to the public by way of sale, lending or distribution in any other manner to the public for commercial purposes in Kenya shall have affixed on it an authentication device prescribed by the Board. (2) The Board shall authenticate copyright works according to all required documents furnished to it by the applicant for that purpose and shall issue an approval certificate in the prescribed form to the applicant for authority to purchase an authentication device. (3) The authentication device shall be issued to an applicant upon proof that the applicant has been authorized by the copyright owner to manufacture, reproduce, sell, import, rent or otherwise distribute the work. (4) The authentication device shall be affixed to each copy of the copyright work made or published by the applicant. (5) No person shall sell or exhibit for sale any copyright works that require an authentication device in any form without an authentication device affixed thereto pursuant to subsection (4). (6) Any person who knowingly sells or offers for sale any copyright work that require an authentication device without an authentication device affixed thereto is guilty of an offence and is liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding four years, or to both. (7) Any work requiring an authenticating device and which is sold or exhibited for sale without the authentication device shall be presumed to be an infringing copy. (8) Any person who, without the permission of the Board? (a) is found to be in possession of or to have reproduced, a security device; or (b) is found to be in possession of any machine, instrument or contrivance intended to be used to produce or reproduce a security device, shall be guilty of an offence and liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding ten years, or to both. [Act No. 12 of 2012, Sch.] 37. Anton Piller orders (1) If a person has prima facie evidence that his right has been infringed by another party and he satisfies the court or competent authority that prima facie— (a) he has a cause of action against another person which he intends to pursue; (b) the other person has, in his possession, documents infringing copies or other things of whatsoever nature which constitute evidence of great importance in substantiation of that cause of action; and [Issue 3] C40 - 26