IP/N/6/MUS/1  
 
15 January 2018  
(18-0394) Page: 1/9 
Council for Trade -Related Aspects  
of Intellectual Property Rights  Original: English  
 
 CHECKLIST OF ISSUES ON ENFORCEMENT1 
RESPONSES FROM MAURITIUS  
Civil and Administrative Procedures and Remedies  
 (a) Civil judicial procedures and remedies  
 
1.  Specify the courts which have jurisdiction over IPR infringement cases.  
 
Under Section 53 of the Copyrights Act 2014, the Supreme Court is given, without prejudice to 
other remedies that are available, jurisdiction to grant special remedies for breach of copyright. 
The Patents, Industrial Designs and Trademarks Act does not confer jurisdiction upon a specific 
court to hear IPR infringement cases. However, being given the nature of the remedy sought 
(typically an injunction) and the amount of damages involved (typically in excess of 
500,000  rupees), such cases are normally heard by the Supreme Court. Ho wever, nothing would 
prevent the Intermediate Court from hearin g a claim not exceeding 500,000  rupees or the District 
Court from heari ng a claim not exceeding 50,000  rupees . 
 
2.  Which persons have standing to assert IPRs? How may they be represented? Are 
there  requirements for mandatory personal appearances before the court by the right 
holder?   
 
There are no requirements for mandatory personal appearances before a court by the right holder. 
A duly mandated agent or assignee may represent the right holder before the court. The right 
holder or its duly mandated agent or assignee may be represented by counsel or attorney before a 
court without having to be personally present.  
 
3.  What authority do the judicial authorities have to order, at the request of an 
opposing party, a party to a proceeding to produce evidence which lies within its 
control?  
 
Under the IPR regime of Mauritius, judicial authorities have no power to order, at the request of an 
opposing party, a party to a proceeding to produce evidence whi ch lies within its control. IPR cases 
are treated as normal civil cases and courts follow the established precedent that "[i]t is no part of 
the duty or function of the court to enter upon any enquiry into the case before it other to 
adjudicate upon the sp ecific matters in dispute which the parties themselves have raised by their 
pleadings. "i 
 
It is for a party to prove its case before the court by ushering the appropriate evidence.  
 
However, in an appropriate case where a party establishes that it has a r ight to the evidence that 
it required and that is in the control of the other party, it may apply for a mandatory injunction 
requiring that other party to hand that evidence over to it.  
 
 
 
                                                
1 Docume nt IP/C/5  
i Honourable Jagatsingh v Honourable Boodhoo 1981 MR 357  IP/N/6/MUS/1  
 
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4.  What means exist to identify and protect confidential infor mation brought forward 
as evidence?  
 
There is no exhaustively -defined notion of "confidential information " under the IPR laws in 
Mauritius. However, it is open to a party that is aggrieved or apprehends the disclosure as 
evidence of what is considered to b e confidential information to make appropriate objections in law 
before the relevant court or to apply for an injunction from the Supreme Court to prevent such 
disclosure.  
 
What would be considered as confidential information and how that information woul d be protected 
by the courts would depend on the circumstances set out in the relevant laws. The general 
common law that recognises a right to have confidential information protected or section 161A of 
the Courts Act which provides for hearings to be condu cted in camera to protect the privacy of the 
parties – privacy extending not only to natural but also to legal persons. In addition, the Supreme 
Court (Mediation) Rules provide that all notes and records taken by or before the mediation Judge 
in connection  with the mediation process shall be confidential.  
 
5.  Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative  or jurisprudential, for their use:  
 
- injunctions;  
 
-  damages, including recovery of profits, and expen ses, including attorney 's 
fees;  
 
-  destruction or other disposal of infringing goods and materials/implements 
for their  production;  
 
- any other remedies.  
 
The judicial authorities may order injunctions or award damages in cases of IPR infringement. 
Costs  usually follow the event i.e. the party against whom judgement is given is usually ordered to 
pay costs incurred by the other party in entering the case before the appropriate court. The 
judicial authorities may also order the forfeiture of any infringing  goods and materials/implements 
used in their production (Section 52(3) of the Patents, Industrial Designs and Trademarks Act).  
 
Parties need not fulfil any precondition before claiming a specific remedy for IPR infringement, 
except in the case of an inju nction where the party applying for the injunction needs to show that, 
as set out in the case of American Cyanamid Co v Ethicon Ltd 1975 AC 396 –  
 
(a)  there is a serious issue to be tried;  
(b)  the balance of convenience is in its favour; and  
(c)  dama ges will not be an adequate remedy  
 
6.  In what circumstances, if any, do judicial authorities have the authority to order 
the infringer  to inform the right holder of the identity of third persons involved in the 
production and  distribution of the goods or  services found to be infringing and of their 
channels of distribution?  
 
The IPR laws of Mauritius do not cater for this situation.  
 
7.  Describe provisions relating to the indemnification of defendants wrongfully 
enjoined. To  what extent are public author ities and/or officials liable in such a situation 
and what "remedial  measures " are applicable to them?  
 
The IPR laws of Mauritius do not contain specific provisions relating to the indemnification of 
defendants wrongfully enjoined. However, costs follow th e event, meaning that if the case is 
dismissed against a defendant who is wrongfully enjoined, the court will typically order the plaintiff 
to pay the legal costs of that defendant up to a certain ceiling. It is further open to a defendant in 
an appropriat e case (typically where the plaintiff is a foreign entity) to request the court for an IP/N/6/MUS/1  
 
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  order requiring the plaintiff to provide security for costs prior to the case being heard. There is also 
nothing to prevent a wrongly enjoined defendant from suing the p laintiff and claiming damages 
under ordinary principles of civil law.  
 
Public officials are not liable for acts done in good faith in the exercise of their powers.  
 
8.  Describe provisions governing the length and cost of proceedings. Provide any 
availabl e data  on the actual duration of proceedings and their cost.  
 
There are no specific provisions governing the length and cost of proceedings in cases of IPR 
infringement. A large number of cases of IPR infringement that have been entered before the 
Supreme Court so far have been settled within months, with the party against whom infringement 
had been claimed admitting liability and agreeing to pay damages to the complainant and to have 
the infringing articles destroyed.  
 
 
(b)  Administrative procedures and remedies  
 
9.  Reply to the above questions in relation to any administrative procedures on the 
merits and  remedies that may result from these procedures.  
 
The Industrial Property Tribunal set up under the Section 9 of the Patents, Industrial Designs and 
Trademarks Act may invalidate a patent, industrial design or trademark upon an application made 
by interested person complaining of IPR infringement. The interested person may not necessarily 
be the right holder but may be an agent or an assignee of the righ t holder. An interested person 
may also be represented by counsel or attorney. It is open to a party before the Tribunal to apply 
for an injunction from the Supreme Court to prevent the disclosure of confidential information 
before the Tribunal. The Tribun al does not have the authority to order an infringer to inform a right 
holder of the identity of third persons involved in the production and distribution of the goods and 
services found to be infringing and of their channels of distribution. The Tribunal also does not 
have the power to order indemnification of respondents who are wrongly enjoined. A person who is 
aggrieved by a decision of the tribunal has a right of appeal to the Supreme Court.  
 
 
Provisional Measures  
(a)  Judicial measures  
 
10.  Describe the types of provisional measures that judicial authorities may order, and 
the legal  basis for such authority.  
 
As indicated above, IPR infringement cases would typically be dealt with by the Supreme Court. In 
virtue of its equitable jurisdiction, the Supr eme Court may grant an interim injunction to prevent 
IPR infringement.  
 
11.  In what circumstances may such measures be ordered inaudita altera parte ? 
 
An interim injunction may be ordered inaudita altera parte  where the party applying for the 
injunction d emonstrates to the court on the basis of the evidence it ushers in by way of affidavit 
that it has a clear legal right to protect and irreparable damage will be caused but for the interim 
injunction. The court will otherwise not grant the injunction and or der the other party to show 
cause why an interlocutory injunction should not be issued.  
 
12.  Describe the main procedures for the initiation, ordering and maintenance in force 
of provisional  measures, in particular relevant time -limits and safeguards to p rotect the 
legitimate interests  of the defendant.  
 
An application for an interim injunction is entered before the Supreme Court by way of pr aecipe 
and affidavit. If the judge is satisfied on the face of the applicant 's affidavit that irreparable 
damage wil l be caused but for the interim injunction, the judge may grant the interim injunction. 
The interim injunction is granted for a given period of time. The period of time will be determined 
by the judge depending on the circumstances. Where the judge grants the interim injunction, the IP/N/6/MUS/1  
 
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  judge will fix an early date for the respondent to show cause why the interim injunction should not 
be maintained. The judge may discharge the interim injunction upon good cause being shown by 
the defendant. The judge may also e nlarge (i.e. extend) the interim injunction upon good cause 
being shown by the applicant. The injunction, if granted, will remain in place pending the 
determination of a main case which the applicant will need to lodge before the Supreme Court.  
 
13. Descri be provisions governing the length and cost of proceedings. Provide any 
available data  on the actual duration of proceedings and their cost.  
 
There are no provisions governing the length and cost of proceedings.  
 
 
(b)  Administrative measures  
 
14.  Reply t o the above questions in relation to any administrative provisional 
measures.  
 
The IPR regime of Mauritius does not provide for administrative provisional measures.  
 
 
Special Requirements Related to Border Measures  
15.  Indicate for which goods it is possi ble to apply for the suspension by the customs 
authorities  of the release into free circulation, in particular whether these procedures 
are available also  in respect of goods which involve infringements of intellectual 
property rights other than  counterfei t trademark or pirated copyright goods as defined 
in the TRIPS Agreement (footnote  to Article 51). Specify, together with relevant criteria, 
any imports excluded from the application  of such procedures (such as goods from 
another member of a customs union,  goods in transit  or de minimis imports). Do the 
procedures apply to imports of goods put on the market in  another country by or with 
the consent of the right holder and to goods destined for exportation?  
 
The procedures apply to any goods, without restric tion including parallel imports without the 
agreement of the owner of a trademark. The procedures do not apply to goods in transit and 
goods entered for re -export in the Freeport Zone. The procedures also apply to imports of goods 
put on the market in anot her country by or with the consent of the right holder and to goods 
destined for exportation.  
 
16.  Provide a description of the main elements of the procedures relating to the 
suspension of the  release of goods by customs authorities, in particular the co mpetent 
authorities (Article 51),  the requirements for an application (Article 52) and various 
requirements related to the duration  of suspension (Article 55). How have Articles 53 
(security or equivalent assurance), 56  (indemnification of the importer and  of the owner 
of the goods) and 57 (right of inspection  and information) been implemented?  
 
These procedures are set out in section 66A to 66E of the Customs Act which are reproduced 
below. References to the "Director -General " are references to the Directo r-General of the Mauritius 
Revenue Authority.  
 
66A. Application for suspension of clearance of goods  
 
(1)  Any owner or authorised user of a patent, industrial design, collective mark or mark or 
copyright may apply in writing to the Director -General to su spend the clearance of any 
goods imported or being exported on the grounds that his patent, industrial design, 
collective mark or mark or copyright is being or is likely to be infringed.  
 
(1A) (a) Notwithstanding subsection (1), where the Director -General  has reason to believe that the 
right of the owner or authorised user of a patent, industrial design, collective mark or mark or 
copyright has been infringed or is likely to be infringed, he may, on his own initiative –  
 
(i)  suspend the clearance of the goods for 21 working days;  
(ia)  detain any goods being sold on the local market;  IP/N/6/MUS/1  
 
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  (ii)  at the same time, give notice, electronically or otherwise, to the owner or 
authorised user, of the suspension and invite the owner or the authorised user, 
as the cas e may be, to lodge, within 21 working days, an application under 
subsection (1).  
 
(b)  Where an application is not lodged within 21 working days, the Director -General shall 
immediately waive the suspension and clear the goods imported or being exported or  release the 
goods detained under sub -paragraph (ia).  
 
(2)  An application made under subsection (1) shall specify a period not exceeding 2 years 
during which the Director -General may suspend the clearance of such goods.  
 
(3)  An application under subsec tion (1) shall be accompanied by –  
 
(a)  any evidence that the applicant is the owner or the authorised user of the patent, 
industrial design, collective mark or mark, or of the copyright;  
 
(b)  a statement of the grounds for the application, and in part icular, the prima facie  
evidence showing that his right has been or is likely to be infringed; and  
 
(c)  particulars relating to the description of the goods making them readily recognisable 
by Customs, and the place where such goods are to be found .  
 
(4)  The applicant shall furnish adequate security to protect the Director -General for any loss or 
damage that may result from the suspension of the clearance of the goods and to cover any 
reasonable expenses likely to be incurred as a result of such suspens ion.  
 
66B. Decision in respect of application  
 
(1)  On receipt of an application under section 66A the Director -General shall within 7 days of 
the date of receipt of the application –  
 
(a)  grant or reject the application; and  
 
(b)  notify the applican t in writing of his decision.  
 
(2) The Director -General shall reject an application where the applicant fails to comply with 
section 66A ( 4).  
 
(3)  Where the application is granted, the Director -General shall notify in writing the applicant, 
importer, ex porter, or his agent of the suspension of the clearance of the goods.  
 
66C. Duration of suspension  
 
(1)  Where, within a period of not more than 10 working days after the applicant has been 
served notice of the suspension under section 66B ( 3), the Direc tor-General has not been informed 
in writing that legal proceedings have been initiated by the applicant, the goods shall be released, 
provided that all other conditions for importation or exportation have been complied with.  
 
(1A)  Not withstanding sub -section (1), where the suspension relates to refrigerated goods, the 
period to release the goods shall be 3 working days.  
 
(2)  The Director -General may, in appropriate cases and on the applicant 's request, extend the 
time limit referred to in subsection ( 1) by another period of not more than 10 working days.  
 
(3)  The Director -General shall release the goods forthwith where he is informed by the 
registered owner or authorised user referred to in section 66A that the collective mark, mark or 
copyright regi stered in the name of the owner has ceased to be valid provided that all other 
conditions for importation or exportation have been complied with.  
 IP/N/6/MUS/1  
 
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  66D. Inspection and taking of samples  
 
Without prejudice to the protection of confidential information, the  Director -General may authorise 
the owner of a patent, industrial design, collective mark or mark, or copyright owner, or importer, 
exporter or agent, to –  
 
(a)  inspect the goods of which the clearance has been suspended;  
 
(b)  remove  samples for examin ation, testing and analysis.  
 
66E.  Interpretation of this Part  
 
In this Part –  
 
"owner " means the registered owner of a collective mark or mark under the Patents, Industrial 
Designs and Trademarks Act 2002 or the copyright owner under the Copyright Act  and includes 
the owner of a collective mark or mark or copyright, registered with a competent authority outside 
Mauritius as approved by the Director -General.  
 
17.  Describe provisions governing the length and cost of proceedings. Provide any 
available da ta on the actual duration of proceedings and their cost. How long is the 
validity of decisions  by the competent authorities for the suspension of the release of 
goods into free circulation?  
 
There is no specific provision governing the length and cost of p roceedings. There has been no 
comprehensive study on the actual duration of proceedings and their costs.  
 
Notwithstanding, the Director -General of the Mauritius Revenue Authority has 7 days to reply to an 
application for suspension of clearance of goods. Where the Director -General grants the 
application, the applicant must be notified in writing. Where within 10 days of such notification (or 
3 days in the case of refrigerated goods), the applicant does not inform the Director -General in 
writing that it has  initiated legal proceedings for infringement of Intellectual Property Rights, the 
Director -General has an obligation to release the goods. Except in the case of refrigerated goods, 
the Director -General may, on good cause shown, extend the time -limit to in stitute legal 
proceedings by 10 additional working days. Pursuant to section 66A of the Customs Act, the 
Director -General may suspend the clearance of the goods for a period of up to 2 years.  
 
18.  Are competent authorities required to act upon their own i nitiative and, if so, in 
what  circumstances? Are there any special provisions applicable to ex officio action?  
 
Section 66A(1A) of the Customs Act provides that where the Director -General has reason to 
believe that the right of the owner or authorised user  of a patent, industrial design, collective mark 
or mark or copyright has been infringed or is likely to be infringed, he may, on his own initiative  
suspend the clearance of the goods for 21 working days and at the same time, give notice, 
electronically or  otherwise, to the owner or authorised user, of the suspension and invite the 
owner or the authorised user, as the case may be, to lodge, within 3 working days, an application 
for the suspension of the clearance of the goods [emphasis added] .  
 
If no appli cation is lodged within 3 working days, the Director -General shall immediately waive the 
suspension and clear the goods.  
 
The Director -General of the Mauritius Revenue Authority may on his own initiative apply 
provisional measures in accordance with secti on 66A(1A) of the Customs Act. The section is 
reproduced in extenso in the answer to question 16.  
 
19.  Describe the remedies that the competent authorities have the authority to order 
and any criteria  regulating their use.  
 
The competent authorities (The Director -General of the Mauritius Revenue Authority) have the 
power to suspend the clearance of goods for up to 2 years and to detain goods sold on the local 
market that the Director -General of the Mauritius Revenue Authority has reason to believe have 
infringed or are likely to infringe intellectual property rights.  IP/N/6/MUS/1  
 
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Criminal Procedures  
20.  Specify the courts which have jurisdiction over criminal acts of infringement of 
IPRs.  
 
The District Courts and the Intermediate Court have jurisdiction over criminal acts of infringement 
of IPRs.  
 
21.  In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available?  
 
Criminal procedures and penalties are available for the contravention of the rights set out in –  
 
(a)  sections 21ii, 32iii and 40iv of the Patents, Industrial Designs and Trademarks Act;  
 
(b)  section 56 of the Copyright Act 2014v. 
                                                
ii 21. Rights conferred by patent (1) Any exploitation of the patented invention in Mauritius by any 
person other than the owner of the patent shall require th e latter’s agreement. (2) For the purposes of this Act, 
the “exploitation” of a patented invention means — (a) where the patent has been granted in respect of a 
product — (i) the making, importing, offering for sale, selling and using of the product; (ii) st ocking such 
product for the purposes of offering for sale, selling or using; (b) where the patent has been granted in respect 
of a process — (i) the use of the process; (ii) the performance of any of the acts referred to in paragraph (a) in 
respect of a pro duct obtained directly by means of the process. (3) Any owner of a patent shall, in addition to 
any other rights, remedies or actions available to him, have the right, subject to subsection (4) and section 22, 
to institute civil proceedings in damages agai nst any person who infringes the patent by performing, without 
his agreement, any of the acts referred to in subsection (2) or who performs acts which make it likely that an 
infringement will occur. (4) Any right under the patent shall not extend — (a) to a cts in respect of articles which 
have been put on the market in Mauritius or in any other country by the owner of the patent or with his 
consent, or by any other authorised party; (b) in respect of articles which have been put on the market in 
Mauritius or  in any other country or imported into Mauritius; (c) to the use of articles on aircraft, land vehicles 
or vessels of other countries which temporarily or accidentally enter the airspace, territory or waters of 
Mauritius; or (d) to acts done only for resea rch and experimental purposes relating to a patented invention; (e) 
to acts performed by any person who in good faith, before the filing or, where priority is claimed, the priority 
date of the application on which the patent is granted and in Mauritius, wa s using the invention or was making 
effective and serious preparations for such use. (5) The right of any prior use referred to in subsection (4) may 
only be transferred to or devolve upon the enterprise or business, or with that part of the enterprise or 
business, in which the use or preparations for use have been made.  
iii 32. Rights conferred by registration (1) The exploitation of a registered industrial design in Mauritius 
by any person, other than the registered owner, shall require the agreement of the  latter. (2) For the purposes 
of this Act, “exploitation” of a registered industrial design means the making, selling or importation of articles 
bearing or embodying a design which is a copy, or substantially a copy, of the registered industrial design. (3 ) 
Any right under a registered industrial design shall not extend to act in respect of articles which have been put 
on the market in Mauritius by the registered owner or with his consent. (4) Any registered owner of an 
industrial design shall, in addition to any other rights, remedies or actions available to him, have the right to 
institute Court proceedings against any person who infringes the industrial design by performing, without his 
agreement, any act referred to in subsection (2) or who performs any act which is likely to amount to 
infringement.  
iv 40. Rights conferred by registration (1) Any interested person, other than the registered owner, who 
intends to use a registered mark, in relation to any goods or services for which it has been registered, s hall 
require the agreement of the owner. (2) Any registered owner of a mark shall, in addition to any other rights, 
remedies or actions available to him, have the right to institute Court proceedings against any person who 
infringes the mark by using, with out his agreement, the mark as aforesaid or who performs any act likely to 
cause an infringement. (3) Any registered owner may, where the use of any sign similar to the registered mark 
or in relation to goods and services similar to those for which the mar k has been registered, is likely to cause 
confusion in the public, institute Court proceedings in accordance with subsection (2). (4) The provision of 
section 36 (2) shall apply, mutatis mutandis, in any action instituted by the owner of a well-known  mark 
against any person in respect of the unlawful use of the well-known  mark. (5) The rights conferred by 
registration of a mark shall not extend to acts in respect of articles which have been put on the market in 
Mauritius by the registered owner or with his consent.  
v 56. Offences (1) Unless otherwise provided under this Act, any person who – (a) without the express 
authorisation of the author or owner of the copyright – (i) publishes, distributes or reproduces a work for 
commercial purposes; (ii) performs a work for the public for gain or against remuneration; (iii) communicates a 
work to the public for gain or against remuneration ; (iv) broadcasts a work for gain or remuneration; (v) 
makes a derivative work for gain or against remuneration; (vi) imports, ot herwise than exclusively for his own 
private and personal use, sells, exposes or offers for sale or hire, or has in his possession in the course of 
trade, any copy of a work which constitutes an infringement of the copyright of its owner, or would constitu te IP/N/6/MUS/1  
 
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22.  Which public authorities are responsible for initiating criminal proceedings? Are 
they required  to do this on their own initiative and/or in response to complaints?  
 
The police (the Anti -Piracy Unit) are responsible for initiating criminal investigations following 
complaints lodged with them or at the Industrial Property Office. After receiving a report from the 
police,  the Director of Public Prosecutions in an appropriate case, initiates criminal proceedings 
before the appropriate court.  
 
23.  Do private persons have standing to initiate criminal proceedings and, if so, who?  
 
A person who is an aggrieved party may initi ate criminal proceedings before the District Court. 
Proceedings before the Intermediate Court may not be initiated without a reference signed by the 
Director of Public Prosecutions.  
 
24.  Specify, by category of IPR and type of infringement where necessary , the 
penalties and other remedies that may be imposed:  
 
-  imprisonment;  
 
-  monetary fines;  
 
- seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production;  
 
- other.  
 
For infringements of patents, industrial  designs and trademarks, the penalty is a term of 
imprisonment of up to 5 years or a fine of up to 250,000 rupees or both.  
 
For infringement of copyright, the penalty is –  
 
(a)  in the case of a first offence, a term of imprisonment of up to 2 years or a  fine of up 
to 300,000 rupees or both;  
 
(b)  in the case of a subsequent offence, a term of imprisonment of up to 8 years or a fine 
of up to 500,000 rupees or both.  
 
                                                                                                                                                  
such an infringement if the copy of the work were made in Mauritius; (b) without the express authorisation of 
the owner of the related rights, infringes the exclusive rights of performers, producers of phonograms and 
broadcasting organisations for gain or against remuneration; (c) manufactures, imports for sale or rental, or 
provides such services as offering for sale, rental or distribution any device or means which is – (i) specifically 
designed or adapted to circumvent any device or means intended to prevent or restrict reproduction of a work 
or to impair the quality of any copy made thereof; or (ii) susceptible to enable or assist in the reception or 
further distribution of an encrypted program, which is broadcast or otherwise communicated to the publ ic, by a 
person who is not entitled to receive the program; (d) has in his possession in the course of trade any 
apparatus, article or thing, knowing that it is to be used for making infringing copies of a work or for a purpose 
referred to in subsection (b ); (e) intentionally or recklessly deprives the copyright owner or author of his 
rights, for gain or against remuneration, shall commit an offence. (2) For the purposes of subsection (1)(a), 
where a work is communicated to the public on the premises of an occupier by the operation of any apparatus 
which is provided by or with the consent of the occupier of those premises, the occupier shall be deemed to be 
the person communicating the work to the public, whether he operates the apparatus or not. (3) (a) Any  
person who commits an offence shall – (i) on a first conviction, be liable to a fine not exceeding 300,000 
rupees and to imprisonment for a term not exceeding 2 years; (ii) on a second or subsequent offence, be liable 
to a fine not exceeding 500,000 rupee s and to imprisonment for a term not exceeding 8 years. (b) 
Notwithstanding any other enactment, the Magistrate of the Intermediate Court shall have exclusive 
jurisdiction to try any person at first instance charged with an offence under this Act. (4) The Court before 
which a person is convicted of an offence may, in addition to any other penalty imposed – (a) order the 
forfeiture of any apparatus, article or thing which is the subject matter of the offence or is used in connection 
with the commission of th e offence; (b) order that such apparatus, article or thing shall be delivered up to any 
person lawfully entitled to it.  
 IP/N/6/MUS/1  
 
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  In case of infringement of copyright, the court may also order a person who has been con victed to 
forfeit any apparatus, article or thing which is the subject matter of the offence or which is used in 
connection with the commission of the offence.  
 
25.  Describe provisions governing the length and any cost of proceedings. Provide any 
availabl e data on the actual duration of proceedings and their cost, if any.  
 
There are no provisions governing the length and cost of proceedings. There has been no 
comprehensive study on the actual duration of proceedings and their costs.  
 
 
__________