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Article R331-29 of the French Intellectual Property Code

I.-The rapporteurs responsible for examining cases before the Autorité de Régulation de la Communication Audiovisuelle et Numérique are appointed by the chairman of the authority from category A public servants or equivalent, who are in active service or have retired, and persons who can provide evidence of at least five years’ experience in the field of intellectual property law or technical measures and who hold one of the diplomas allowing…

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Article R331-30 of the French Intellectual Property Code

When a case is referred to the Autorité de Régulation de la Communication Audiovisuelle et Numérique pursuant to Articles L. 137-4, L. 219-4 and L. 331-29 to L. 331-31, the case shall be investigated under conditions that ensure compliance with the principle of adversarial proceedings. The Chairman appoints the rapporteur. The accused party is heard at his request or if the rapporteur deems it useful. The rapporteur may also hear…

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Article R331-31 of the French Intellectual Property Code

The experts referred to in Article R. 331-30 are appointed by the chairman of the Autorité de régulation de la communication audiovisuelle et numérique on a proposal from the rapporteur in charge of investigating the case. The chairman’s decision shall define the subject of the expert report, set the time limit for its completion and assess the corresponding foreseeable fees. The fees and costs of the expert report shall be…

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Article R331-32 of the French Intellectual Property Code

Decisions taken by the Autorité de régulation de la communication audiovisuelle et numérique pursuant to the procedural rules set out in paragraphs 2, 3 and 4 of this subsection may not conflict with a normal exploitation of a work or object protected by an intellectual property right, nor cause unjustified prejudice to the legitimate interests of intellectual property right holders.

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Article R331-33 of the French Intellectual Property Code

I.-When a party relies on a secret protected by law, it shall indicate by letter, at the time of their communication to the Autorité de régulation de la communication audiovisuelle et numérique, the information, documents or parts of documents that it considers to involve a secret protected by law and shall request, on grounds that it specifies for each of them, their classification in a confidential annex. It shall provide…

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Article R331-34 of the French Intellectual Property Code

When the rapporteur finds that the commitments proposed by each of the parties have the agreement of all of them and that they are such as to put an end to practices contrary to interoperability within the meaning of the provisions of Article L. 331-29, he draws up draft minutes signed by the parties in question, recording these commitments and setting a deadline for their implementation. These minutes become final…

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Article R331-35 of the French Intellectual Property Code

I.-In the absence of an agreement between the parties and the Autorité de Régulation de la Communication Audiovisuelle et Numérique recorded under the conditions laid down in Article R. 331-34, the rapporteur’s report is notified to the parties, who have a period of fifteen days in which to acquaint themselves with and copy the file from the authority’s departments and to send the authority their written observations. Where circumstances warrant,…

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Article R331-36 of the French Intellectual Property Code

I.-At the end of the procedure provided for in Article R. 331-35, the Autorité de régulation de la communication audiovisuelle et numérique may, in a reasoned decision, either reject the application referred to it or order the holder of the rights to the technical measure to take the appropriate measures to ensure that the applicant has access to the information essential for interoperability. When issuing an injunction, the authority shall…

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Article R331-37 of the French Intellectual Property Code

Where no appeal to the Paris Court of Appeal has been lodged within the period provided for in the first paragraph of Article R. 331-44 or where such appeal has been rejected by a court decision that has become final, the Autorité de régulation de la communication audiovisuelle et numérique may, at the request of any interested party, amend or terminate its injunction if new elements justify it or if…

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Article R331-38 of the French Intellectual Property Code

In the event of failure to comply with the commitments accepted by the Autorité de régulation de la communication audiovisuelle et numérique in accordance with the procedure laid down in Article R. 331-34 or in the event of failure to comply with the injunction issued pursuant to the provisions of Articles R. 331-36 and R. 331-37, the applicant referred to in these Articles may refer the matter to the authority…

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