Copyright As regards administrative procedures, the National Copyright Office (ONDA) is the competent national authority responsible for preventive and protective administrative action with regard to copyright and related rights, and decides in first instance, at its administrative headquarters, the cases submitted to its jurisdiction, whether at the instigation of a party or ex officio (Article 106 of Regulation No. 362-01). Pursuant to Article 187(3) of Law 65-00 and Article 107(4) of Regulation 362-01, the powers of ONDA include intervening by way of conciliation, even ex officio, and through arbitration, if the parties so request, in disputes over the enjoyment or exercise of statutory rights. These conciliation and arbitration proceedings are ordered by reasoned decision and conducted by the Director of ONDA, except where the parties have decided by common agreement to turn to another arbitrator. The parties may attend scheduled hearings in person or through their legal representatives. As regards the authority to order a party to produce evidence which lies within his control, Article 107(5) of the Regulation stipulates that the National Copyright Office may, ex officio or at the request of a party, carry out oversight and inspection functions with regard to activities that could give rise to the enforcement of copyright or neighbouring rights, with result that users are obliged to provide all the necessary facilities for the purposes of inspection, and to furnish any information and documentation that may be requested of them. For its part, Article 188(2)(c) of Law 65-00 authorizes ONDA officials to request the submission of relevant registrations, licences, authorizations or documents pertaining to the marketing of illegally reproduced goods. Furthermore, ONDA may, pursuant to Article 107(9) of the Regulation, order and carry out inspections and preventive and/or precautionary measures for the collection of evidence, and may act at the express request of the right holder, his duly authorized representatives or successors in title or the appropriate collective management society, or even ex officio. As for the confidential nature of information brought forward as evidence, the paragraph to Article 189 of the Law stipulates that ONDA officials and employees must treat as confidential the source of any allegations of infringement and therefore may not inform the company or its representatives or any other person that they are making an inspection as a result of information received. As regards administrative measures, ONDA, pursuant to the Law and the Regulation, is empowered to order, in its administrative capacity, whether ex officio or at the request of any of the statutory right holders or their representatives, the measures hereunder: - The immediate cessation or suspension of any unlawful activity. - Expeditious and effective preventive or precautionary measures to prevent the infringement of any of the rights recognized by law and, in particular, to prevent the introduction of the allegedly infringing goods into the channels of commerce, including measures to prevent the entry of imports and to preserve relevant evidence in regard to the alleged infringement. - The seizure or confiscation and withdrawal, without prior notice, of the copies improperly produced or used and of the material and equipment employed to commit the infringement, as well as relevant documentary evidence. - The prohibition of the use of a work, service, production or broadcast, in the event of a complaint by the right holder or the management society representing him that a work has been communicated to the public by an empresario or organizer without due authorization, in which case the alleged infringer must be notified immediately of such prohibition. ONDA is also authorized to issue a non-binding technical report in civil or criminal proceedings concerning the enjoyment or exercise of copyright or related rights when so required by the court, ex officio or at the request of a party, and to file a criminal complaint with the Office of the Public Prosecutor if it is aware of an act that constitutes a suspected infringement. It may also order and conduct inspections and implement preventive or precautionary measures, including for the purposes of collecting evidence, acting at the express request of the right holder, his duly authorized representatives or successors in title or the collective management society concerned, as well as ex officio. Without prejudice to the relevant civil or criminal action, in its administrative capacity ONDA is empowered to impose, whether ex officio or at the request of a party, the administrative sanctions falling within its competence pursuant to Regulation 362-01. These are warnings, fines ranging from 5 to 200 minimum wages, compensation for omissions, temporary closure for up to 30 days of the establishment where the infringement took place, definitive closure, seizure or confiscation of the unlawful copies or the apparatus or equipment used to commit the infringement, the destruction of the unlawfully reproduced copies and, if necessary, the moulds, plates, printing blocks, negatives and other materials intended for the production of such copies. It is also free to order the publication of the decision at the expense of the infringer, as well as to decide on the temporary or definitive closure of the infringing establishments. ONDA may have its decisions enforced and may request the intervention of the competent authorities or the help of the police to ensure their execution. Industrial property Under Article 154 of Law 20-00, complaints to the National Industrial Property Office are processed as follows: A complaint is made to the head of the department concerned, who processes it within the statutory time-frames, and the rebuttal is similarly handled. After the head of department has received all the documentation, he will issue the corresponding decision. That decision may be appealed to the Director-General of the National Intellectual Property Office within the stipulated time-frames, and the latter's decisions may also be challenged in the Court of Appeal. The following persons may assert their rights by means of such administrative actions: (a) the right holder, any registered licensee and any registered beneficiary of any right or credit pertaining to the infringed right; (b) they may be represented by an authorized lawyer or a legal representative competent to initiate proceedings; (c) the personal appearance of the right holder is not mandatory. The National Industrial Property Office notifies the other party of the claims made by the first party in the action brought before the Office. It is incumbent on the head of department to protect confidential information pursuant to Article 143(h). (Please see the reply to question 4.) The National Industrial Property Office may not order judicial measures as this is the prerogative of the judicial authorities. The administrative authorities are not empowered to undertake coercive measures with regard to the identity of third parties implicated in the infringement as this falls within the competence of the judicial authorities. This is envisaged in the paragraph to Article 166. (Please see the reply to question 6.) Indemnification is a matter for the competent courts, as prescribed in Articles 174(6) and 175 (please see the reply to question 7). In the case of the administrative authorities, a court will issue a similar ruling only if they are found guilty of serious misconduct in the discharge of their duties. Administrative procedures last for 150 days and their cost varies in accordance with the rates set by the National Industrial Property Office.