Measures, remedies against abuses in respect of technical means
44.(1) The following acts shall constitute infringements of copyright and neighbouring rights:
(a) the manufacture or importation for sale or rental of any device or means 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 copies made(the latter device or means hereinafter referred to as copy-protection or copy-management device or means");
(b) the manufacture or importation for sale
or rental of any device or means that is susceptible to enable or assist the reception of an encrypted program, which is broadcast or otherwise communicated to the public, including by satellite, by those who are not entitled to receive the program.
(2) Section 38 shall apply to an illicit device or means mentioned in subsection (1) as it applies to infringing copies.
(3) The owner of copyright in a work shall also be entitled to the damages for infringement provided for by sections 31(1) and 38(1)(d), where -
(a) authorized copies of the work have been made and offered for sale or rental in an electronic form combined with a copy protection or copy-management device or means, and a device or means specifically designed or adapted to circumvent the said device or means is made or I imported for sale or rental;
(b) the work is authorized for inclusion in an encrypted program broadcast or otherwise communicated to the public, including by satellite, and a device or means enabling or assisting the reception of the program by those who are not entitled to receive the program is made or imported for sale or rental.
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