2° by disclosing or exploiting such secrets learned or discovered under the conditions referred to
in the preceding paragraph.
Section 6: Offenses against artistic or literary property
Article 346: Shall constitute offense any act by which a natural person or legal entity uses or
exploits an intellectual property right without the prior authorization of the owner or his eligible
successors.
Any person who commits counterfeiting shall be punished by imprisonment for one to three
years and a fine of 1,000,000 to 10,000,000 francs.
Anyone who sells, exports or imports counterfeit artistic and literary works shall be liable to the
same penalty.
Article 347: Any person, who reproduces, represents, disseminates, translates or adapts by any
means whatsoever a work of the mind in violation of intellectual property rights, as defined and
governed by law, shall be punished by a fine of 500,000 to 5,000,000 francs.
Article 348: The penalty shall be imprisonment for a period of one month to one year and a fine
of 5,000,000 to 25,000,000 francs, if it is established that the offender usually engages in the acts
referred to in articles 346 and 347.
Article 349: Counterfeited works and the proceeds or shares of proceeds that have been
confiscated shall be handed over to the owner of the intellectual property rights or his entitled
successors to compensate them for the loss they have suffered. The remainder of their
compensation, or the full compensation if there has been no confiscation of material, objects of
counterfeit or proceeds, shall be settled through the ordinary channels.
The judge may order the publication of the sentence.
Section 7: Destruction or degradation of commodities, goods or materials
Article 350:Any looting or damage of commodities or merchandise, items or movable property,
committed in a group or gang and with violence shall be punishable by imprisonment for five to
twenty years.
If the looted or destroyed goods are basic commodities or essential to the economic life of the
country, the penalty applicable to the instigators or provokers shall be twenty years
imprisonment.
Article 351: Any person who, by any means, intentionally damages foodstuffs, goods, materials
or equipment of any kind used in manufacturing, shall be punished by imprisonment for a period
of one month to two years and by a fine which may not exceed one quarter of the damages, nor
be less than 360,000 francs.
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