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Chapter-6

Chapter-6
Infringement of Protected Right and Punishment

25. Infringement of protected right :

(1) Any one who carries out the following
act shall be considered to have infringed the right protected under this Act:-
(a) To reproduce copies of a work or sound recording and sell and distribute them or publicly communicate or rent them with
commercial or any other motive with or without deriving economic benefits without authorization of the author or the copyright owner
or by infringing the terms contained in the agreement or license notwithstanding that such authorization has been obtained,
(b) To do advertisement or publicize by copying a work belonging to another person with a motive of taking advantage of the reputation
gained by that work,
(c) To make work of another subject or nature by changing the form and language of a work belonging to another person with a motive
of deriving economic benefit,
(d) To make an attempt to take benefit by adapting any work directly or indirectly with intention of making the viewer, listener or reader
believe it to be another work through advertisement or by any
other means,
(e) To import, produce or rent any equipment or device prepared with intention of circumventing any device designed to discourage the
unauthorized reproduction,
(f) To produce or import, with intent to sell, any equipment facilitating unauthorized reception of a program broadcast by
encrypting it in a code language,

(g) To import, sell, distribute and use a mechanical device prepared with a sole object of infringing the copyright, except those
mentioned in Clauses (e) and (f).
(2) No one shall, with knowledge of publication of any work or sound recording or where there is adequate ground to believe it, sell and distribute and
rent copies of work or sound recording so published, in contravention of sub- section (1).

26. Restriction on the importation of unauthorized copies : Importation of
copies of work or sound recording, either made in a foreign country or sourced
otherwise, into Nepal for business purpose shall not be permitted if preparation
of such copies would be considered illegal if they were prepared in Nepal.

27. Punishment on infringement of protected right :

(1) In cases where any person infringes Section 25, such a person shall be punished with a fine of a sum from ten thousand to one hundred thousand rupees or with imprisonment
for a term not exceeding six months or both and with a fine of a sum from twenty thousand to two hundred thousand rupees or with imprisonment for a term not exceeding one year or with both for each instance from the second time. The materials so published or reproduced or distributed or devices used to reproduce such materials shall be seized.
(2) Compensation for the loss caused to the copyright owner by the  infringer of the protected right shall also be realized and provided to the copyright owner.

28. Punishment for importation of unauthorized copy : In cases where any person imports unauthorized copies of any work in violation of Section 26, such  a person shall be punished with a fine of a sum from ten thousand to one hundred thousand rupees according to the gravity of the offense, and such  copies shall be seized; and compensation for the loss caused to the copyright owner from such importation shall also be realized from the importer and provided to the copyright owner.

29. Other punishment : In cases where any person infringes any other matter contained in this Act or the Rules framed under this Act, such a person shall be
punished with a fine of a sum from five thousand to fifty thousand rupees according to the gravity of the offense.

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