suffered by the rightholder and of the size of the profit that the infringer has derived from the
infringement.
(2) Where copies made in infringement of rights exist, the judicial authorities shall be
empowered to order that such copies and their packaging be destroyed or that they be
disposed of in some other reasonable manner, outside the commercial circuits, in order to
avoid causing prejudice to the rightholder, unless the rightholder requests otherwise.
(3) Where there is a danger of the equipment being used to commit, or to continue to
commit, infringing acts, the court, wherever reasonable, shall order that it be destroyed, that it
be disposed of in some other manner outside the commercial circuits in order to reduce to a
minimum the risk of further infringement, or that it be handed to the rightholder.
(4) Where the danger exists that the infringing acts will continue, the court shall
expressly order the cessation of such acts. It shall also determine an amount to be paid as a
daily fine.
Article 64
Criminal Penalties
(1) Any infringement of a right protected under this Annex, if committed with intent or
by gross negligence and with a profit-making aim, shall be punished, in accordance with the
relevant provisions of the national criminal code and of the national code of criminal
procedure, by imprisonment or a sufficiently dissuasive fine or by both penalties.
(2) The court shall be empowered
(i) to double the upper limit of the penalties laid down in paragraph (1) where the
accused person is sentenced for a further act constituting infringement of rights less than five
years after having been sentenced for earlier infringement or where it is established that he
habitually commits such acts;
(ii) to order confiscation of the seized revenue on behalf of the holder of the infringed
rights;
(iii) to order confiscation and destruction of infringing works and of the equipment that
has served to commit the infringement;
(iv) to order the provisional or definitive closure of the establishment in which the work
has been published, reproduced, formed or communicated or any other place in which the
infringement has been committed;
(v) to order publication of the sentence at the expense of the person sentenced.
(3) The court shall also apply the measures and penalties referred to in Articles 62 and
63 under criminal proceedings, save where a decision on the penalties has already been taken
in civil proceedings.
Article 65
Measures, Damages and Penalties
for Abuse of Technical Facilities
(1) The following acts shall be deemed unlawful and, for the purposes of Articles 62 to
64, shall be assimilated to an infringement of the rights of authors and of other holders of
copyright:
(i) making or importing, for sale or rental of a device or facility specially designed or
adapted to render inoperative any device or facility intended to prevent or restrict the