At the request of the civil party, the court may also order, at the expense of the convicted
party, the posting of the conviction ruling as well as its complete or partial publication in the
newspapers as determined by the court; the costs of such publication may not exceed the
maximum amount of the fine incurred.
CHAPTER III – BORDER MEASURES
Article 112:
Under this Law and pursuant to border measures, rights holders shall be the holders of
copyright and neighboring rights, their successors in title and the collective management
organization which is their legal representative.
Article 113:
In order to enable the application of the right to import and the right to remuneration for
private copying, provided for in Articles 16, 82 and 84 of this Law respectively, an import
visa for artistic and literary works and for blank media for the purpose of fixing these works
shall be established.
The import visa shall be issued by the collective management organization in accordance with
the conditions laid down by regulation.
Article 114:
In the event that there is no import visa as established under this Law, customs may, before
any authorization to put the goods into circulation, inform the collective management
organization which shall act in accordance with the conditions laid down by regulation.
Customs may, at its own initiative, suspend customs clearance and withhold goods which are
thought to have infringed or are liable to infringe copyright or a neighboring right. Where this
is the case, customs may request the rights holder to provide any information and assistance
free of charge, including expert assistance and other means necessary to determine whether
the suspected goods are counterfeit or pirated.
The customs authorities may at the request in writing of a holder of copyright or a
neighboring right, supported by evidence, or at the request of the collective management
organization, withhold as part of its controls the goods which the holder or organization claim
to be an infringement of the right.
In the cases set out in the two paragraphs above, the procedures to follow and the measures to
be taken by customs shall be those of the customs regulations implementing the Agreement
on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Article 115:
Without prejudice to the protection of confidential information, customs or another competent
authority may authorize the holder of the copyright or neighboring right to examine the goods
for which customs clearance has been suspended pursuant to the previous Article, and take
samples with a view to establishing by examination, test or analysis whether the goods are
pirated, counterfeit or otherwise infringe on the holder’s rights.