20) Article 45(2) is amended to read as follows: “2. Whoever offers for sale, distribution or rental of an infringing work, transmits an infringing work to the public in any manner, uses an infringing work for material gain, brings an infringing work into or out of Iraq, knowing or having adequate reason to believe that the work is unauthorized.” 21) The final paragraph of Article 45 is amended to read as follows: “In case of subsequent conviction, the offender shall be sentenced to imprisonment for a period not less than five years and not more than ten years and to a fine not less than 100,000,000 dinars and not more than 200,000,000 dinars or to any one of these penalties. The Court may also, in the case of subsequent conviction, order the closure, for a certain period or for good, of the establishment which has been used by the counterfeiters or their partners to commit the offense.” 22) An additional paragraph of Article 45 is added to read as follows: “The Court may also order the forfeiture and destruction of all infringing copies or sound recordings and all implements, devices or equipment used in the manufacture of such infringing copies or sound recordings.” 23) Article 46 is amended to read as follows: “1. The Court may upon proper application by the copyright owner or any of his/her heirs or successors issue injunctive relief in relation to any infringement of the rights set forth in Articles 5, 7, 8, 10 and 34bis of this Law provided that the application contain a detailed and complete description of the work, performance, phonogram, or program against which the infringement occurred. The Court may decide to: (a) Order the infringer to cease infringing activities; (b) Confiscate the infringing copies and any materials and devices used in the commission of the infringement; and (c) Confiscate the proceeds of the infringement. 2. The request may be presented before, during or after filing the lawsuit. 3. Upon verification that the petitioner is the owner of the right and that his rights have been violated or that a violation is imminent, the Court may apply any of the procedures provided for in subparagraph (a) of this Article on a provisional basis to prevent the occurrence of the infringement or to preserve some evidence related to the act of infringement. 8 CPA/ORD/ 29 April 2004/83