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845
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BULLETIN OF LAWS

OF THE FRENCH REPUBLIC.

No. 510

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No 3869 - REPORT AND DECREE on the Counterfeiting of
Foreign Works.

Of 28 March 1852

Report for the Prince-President of the Republic.
            Monseigneur,

      The author's right [droit d'auteur], which consists in the temporary right
to the exclusive enjoyment of scientific, literary and artistic
products, is consecrated by French legislation for the benefit
of nationals, and even of foreigners, relative to works published
in France. But the foreigner, who can acquire and possesses
under the protection of our laws movables and immovables, can not
prevent the exploitation of his works, by the means of
counterfeiting, on the soil otherwise so hospitable of France.
This is here, Monseigneur, a state of affairs which one can
reproach not only of being in disharmony with the rules that our
positive law tends unceasingly to generalise, but even of being
contrary to universal justice. You will have consecrated the
application of a salutary principle, you will have assured to the
sciences, the letters and the arts, a serious encouragement, if
you protect their productions against usurpation no matter where
they have seen the light of day, no matter which nation the author
belongs to.
      One sole condition appears legitimate to me, that the foreigner
be subject, for the ulterior conservation of his right, to the same
obligations as nationals.
      If you deign to approve the views that I have just exposed,

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846
I will have the honour of submitting to you the decree enclosed, which
will have the effect of realising them.
      I am with the most profound respect,
                                          Monseigneur,
                        Your very humble and very devoted servant,

The Keeper of the Seals, Minister Secretary of State in the department of Justice,

                                                Signed: Abbatucci

Decree
LOUIS-NAPOLÉON, President of the French Republic,

      On the report of the Keeper of the Seals, Minister Secretary
of State in the Department of Justice:
      In view of the Act of 19 July 1793, the decrees of 1st Germinal
year XIII and of 5 February 1810, the Act of 25 Prairial year III,
and articles 425, 426, 427 and 429 of the Criminal Code:

Decrees:

      1st Article: Counterfeiting, on French territory, of works
published abroad and mentioned in article 425 of the Criminal Code,
constitutes an offence.
      2. The same is true of the sale, the exportation and the
expedition of counterfeit works. The exportation and the expedition
of these works is an offence of the same kind as the introduction,
on French territory, of works which, after having been printed in
France, have been counterfeited abroad.
      3. The offences envisaged by the preceding articles will be
repressed according to articles 427 and 429 of the Criminal Code.
      Article 463 of the same Code can be applied.
      4. Nevertheless, the prosecution will be admitted only under
the fulfilment of the conditions required of works published in
France, notably by article 6 of the Act of 19 July 1793.
      5. The Keeper of the Seals, Minister Secretary of State in
the department of Justice, is charged with the execution of the
present decree.
      Drafted in the Tuileries palace, the 28th of March 1852.
                                                Signed Louis-Napoléon

            The Keeper of the Seals, Minister Secretary of State in the
                                                            Department of Justice
                                                                  Signed: Abbatucci




Translation by: Silje Normand