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PART VII
Technological Protection Measures
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Chapter 1
Rights Protection Measures
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Devices designed to circumvent protection.
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370.—(1) This section applies where, by or with the licence of the rightsowner—
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(a) copies of copyright works to which rights protection measures have been applied or recordings of performances to which rights protection measures have been applied, are made available to the public, or
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(b) copies of databases to which rights protection measures have been applied, are re-utilised.
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(2) A person who makes available to the public or re-utilises the copies referred to in subsection (1) has the same rights and remedies against a person who—
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(a) (i) makes,
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(ii) sells, rents or lends, or offers or exposes for sale, rental or loan,
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(iii) imports into the State, or
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(iv) has in his or her possession, custody or control,
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a protection-defeating device, knowing or having reason to believe that it has been or is to be used to circumvent rights protection measures, or
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(b) provides information, or offers or performs any service, intended to enable or assist persons to circumvent rights protection measures,
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as a rightsowner has in respect of an infringement of any of his or her rights under this Act.
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(3) The presumptions as to ownership of rights specified in Chapter 12 of Part II and Chapter 10 of Part V shall apply in any proceedings under this section, whether civil or criminal, as in proceedings for infringement of the copyright in a work or for infringement of the database right in a database under Part II or Part V.
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(4) Sections 145 and 264 shall apply with any necessary modifications in relation to the disposal of anything delivered up or seized by virtue of subsection (2).
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(5) References in this Part to copies of a work, recording or database shall include the original.
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