81. Where there is ground for suspecting an imminent infringement of copyright or a related right, the holder
of these rights or his public or private successors, in particular the associations or companies for the
collective administration of rights, shall have the right to take all necessary provisional measures to prevent
such infringement.
For this purpose, the judge of expedited matters may take all decisions authorized by the law, in particular,
ex-parte decisions, in order to ensure the protection of the right or the work that is likely to be infringed and
all the other works owned by the author or the holder of related rights. The judge of expedited matters may
impose coercive measures to enforce his decisions. In addition, the president of the competent court of first
instance or the competent public prosecutor shall have the right to take the provisional measures referred to
above.
82. The judge of expedited matters, the president of the court of first instance or the public prosecutor may
temporarily seize material constituting evidence of an infringement of copyright or a related right and shall
leave it in the custody of the defendant.
83. In case of infringement of copyright or a related right, the holders of these rights may have recourse to
the competent judicial authority and seek the cessation of the infringement and the prevention of any future
infringement.
84. Any person who infringes copyright or a related right shall be required to pay fair compensation to the
right holder for the material or moral injury and damage incurred. The amount of such compensation shall be
determined by the court based on the commercial value of the work, the damage and lost profit incurred by
the right holder and the material profit realized by the infringer. The court may order the seizure of the
subject matter in dispute and the equipment and devices used to commit the infringement.
85. Irrespective of whether the work has fallen into the public domain or not, shall be liable to imprisonment
for a term varying from one month to three years and/or to a fine varying from LBP 5 to 50 million, any
person who:
- fraudulently puts or instructs another person to put a false name on a literary or artistic work;
- fraudulently imitates the signature or the logo of the author with intent to mislead the buyer;
- knowingly imitates a literary or artistic work;
- knowingly sells, possesses, offers for sale or makes available an imitated or a plagiarized work.
The sanction shall be doubled in the event of a repetition of the offence.
86. Any person who, knowingly and with intent to make a profit, infringes or attempts to infringe copyright or
related rights provided for in this Law shall be liable to imprisonment for a term varying from one month to
three years and/or to a fine varying from LBP 5 to 50 million. The sanction shall be doubled in the event of a
repetition of the offence.
The competent court may order the closure of the premises, the commercial establishment or the radio or
television station that infringes copyright for a period varying from one week to one month and the
destruction of all unauthorized copies and all the equipment and the devices used to produce such copies.
The court may also order that its decision be published in two local newspapers at the expense of the
defendant.
The provisions of Article 200 and subsequent Articles of the Penal Code shall be taken into account when
applying this Article.
87. Any person who manufactures or imports for purposes of sale or rental, offers for sale or rental,
possesses for the purpose of sale or rental, sells, installs or rents any device, equipment or machine
manufactured in whole or in part to receive illicitly any radio or television broadcast or transmission destined
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