Any person benefiting from the exceptions mentioned in 2° of Article L. 331-28 or any approved legal entity representing that person may refer to the Autorité de régulation de la communication audiovisuelle et numérique any dispute concerning the restrictions that the technical protection measures defined in Article L. 331-5 place on the benefit of the said exceptions.
I.- Legal entities and establishments open to the public referred to in 7° of Article L. 122-5 that make reproductions or representations of a protected work or object suitable for disabled people may refer to the Autorité de régulation de la communication audiovisuelle et numérique any dispute relating to the transmission of printed texts in the form of a digital file. II.-As part of its role in facilitating access for…
With due respect for the rights of the parties, the Autorité de Régulation de la Communication Audiovisuelle et Numérique shall promote or encourage a conciliatory solution. Where it draws up a conciliation report, it shall be enforceable; it shall be filed with the registry of the judicial court. Failing conciliation within two months of its referral, the authority, after giving the interested parties the opportunity to present their observations, shall…
The Autorité de régulation de la communication audiovisuelle et numérique may be asked for an opinion by one of the persons referred to in Article L. 331-29 on any question relating to the interoperability of technical measures. The authority may determine, in the context of its opinions, the constituent elements of the technical documentation provided for in the same Article L. 331-29. It may also be referred to for an…
A decree in Council of State specifies the conditions for application of this sub-section. It lays down the procedures for informing users of a work, videogram, programme, phonogram or press publication mentioned in article L. 331-10.
Any author of a work protected by Book I of this Part, his successors in title or his assigns may bring an infringement action. To this end, such persons shall be entitled to have any bailiffs, where appropriate assisted by experts appointed by the plaintiff, carry out, by order made on request by the competent civil court, either a detailed description, with or without taking samples, or the actual seizure…
The court may order, of its own motion or at the request of any person entitled to bring an infringement action, all legally permissible investigative measures, even if an infringement seizure has not previously been ordered under the conditions set out in Article L. 332-1.
Within a time limit fixed by regulation, the distrainee or the garnishee may request the president of the judicial court to order the release of the seizure or to confine its effects, or to authorise the resumption of manufacture or that of public performances or performances, under the authority of an administrator constituted as sequestrator, on behalf of whomsoever he may choose, of the products of such manufacture or exploitation….
If the distrainor fails, within a period set by regulation, either to take civil or criminal action on the merits, or to lodge a complaint with the public prosecutor, the entire seizure, including the description, shall be cancelled at the request of the distrainee or the garnishee, without the latter having to give reasons for its request and without prejudice to any damages that may be claimed.
Infringement of software and databases may be proven by any means. To this end, any person with standing to bring an infringement action is entitled to have carried out in any place and by any bailiffs, where appropriate assisted by experts appointed by the plaintiff, pursuant to an order made on request by the competent civil court, either a detailed description, with or without taking samples, or the actual seizure…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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