163
Confiscation of the reprint edition
is to be imposed on both the reprinter
and the importer and seller of it. In any
case the courts can, on request of the
party which instituted legal proceedings,
order that the counterfeit objects be
handed over to the latter, the value of
these then being deducted from the
compensation sum to which it is entitled.
Art. 25
In the cases envisaged by the
preceding articles the proceeds from
the confiscated objects are to be
handed over to the proprietor (as part
of the indemnities which he is entitled
to); the amount of compensation which
he is further entitled to is to be
determined by standard legal practice.
Art. 26
The proprietor of a literary
or artistic work can, by means of an
order from the competent authority,
arrange, with or without confiscation,
for a detailed catalogue or a precise
description to be drawn up of those
objects which he considers to have
been counterfeited to his detriment
and in violation of the provisions
of the present convention.
This order is to be issued on
the simple request [of the proprietor]
and on presentation of the report
which certifies the deposition of the
literary or artistic work. If necessary,
it is to be accompanied by a description
provided by an expert.
If confiscation is requested,
the judge can demand from the plaintiff
that he give a security in advance
before the confiscation is ordered.