Copyright Act, BE 2537 (1994)/Chapter 6
Litigation as to Copyright and Performers' Rights
- 62. Object of the litigation
- 63. Prescription
- 64. Compensation for the injured
- 65. Right of the person to be injured to pretect himself
- 66. Compoundable offences
|Object of the litigation||62.||It shall be presumed in a litigation with respect to copyright or performer's rights, no matter it is a civil or criminal case, that the work in dispute is a copyright work or the subject of performer's rights by virtue of this Act and the plaintiff is the owner of copyright or performer's rights in such work or subject, unless the defendant argues that no one owns the copyright or the performer's rights or disputes the plaintiff's right.
|Prescription||63.||No action of copyright infringement or performer's rights infringement shall be filed after three years as from the day the owner of copyright or performer's rights becomes aware of the infringement and of the identity of the infringer; provided that the action shall be filed not later than ten years as from the day the infringement of copyright or performer's rights takes place.
|Compensation for the injured||64.||In the case of infringement of copyright or performer's rights, the court has the authority to order the infringer to compensate the owner of copyright or performer's rights with damages the amount which the Court considers appropriate by taking into account the gravity of injury, including the loss of benefits and the expenses necessary for the enforcement of the right of the owner of copyright or performer's rights.
|Right of the person to be injured to protect himself||65.||In case there is an explicit evidence that a person is doing or about to do any act which is an infringement of copyright or performer's rights, the owner of copyright or performer's rights may seek a judicial injunction to order the person to cease or refrain from such act.
|Compoundable offences||66.||All offences under this Act are compoundable.