2 Without prejudices to any other compensations prescribed by any other law, the Court shall
order anyone convicted of committing any of the acts cited in Article (40) of this law to pay to the
rights holder the following:
a)
b)
Compensations sufficient enough to cover for the damages to the right holder
attributed to the infringement;
The amount of profits gained by the infringer and attributed to the infringement, and
which was not taken into consideration when estimating the compensations referred
to in the previous paragraph.
The provision of this paragraph does not apply to authorities entrusted with keeping
documents, public libraries, documentation centers, and non-profit educational and
scientific institutions. It also does not apply to non-commercial broadcasting
corporations on acts committed in violation to the provisions of paragraphs (1, 2, 3)
of article (40) of this law, if they do not know, or have no strong reasons to know that
their action is considered a violation of the provisions of this law.
3 When estimating the compensation stated in paragraph (1) of this article, the Court must take
into consideration the value of the infringed good or service, as estimated at the retail price
determined by the right holder, or according to any other criterion he determines, provided that it is
fair enough.
4 Instead of the compensation prescribed by paragraphs (1, 2) of this article, the Court must
order, for the right holder, and upon his request, the previously estimated legal compensation,
provided it does not exceed the amount of Rials Ten Thousands for each act of infringement to cover
for the damage to the rights holder as a result of acts of infringement. The Executive Regulations
shall determine the amount of these compensations which must be capable of remedying the damages
incurred.
5 When estimating the amount of compensation prescribed in this article, the Court must
consider the court fees and lawyers' charges spent by the right holder, except in exceptional
circumstances as seen by the Court in view of the compensation demanded by the right holder.
Article (44):
In civil proceedings involving acts violating the provision of this law, the person whose name is
indicated as the author, producer, performer, broadcasting entity, or publisher of the work,
performance, broadcasting program, or sound recording in the usual manner shall be presumed, in the
absence of proof to the contrary, to be such. It shall be presumed that, in the absence of proof to the
contrary, the copyright or neighboring right subsists in such subject matter.
Article (45):
The competent civil court shall have the authority to order the infringer to provide any information
that the infringer possesses regarding any person or persons involved in any aspect of the
infringement and regarding the means of production or distribution channel of such goods or services.
Article (46):
The competent civil court shall have the authority to order the infringer to stop the infringement,
including orders banning the export of infringed goods, banning the entry of imported goods to the
trade channels after being customs cleared.