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Paragraph 3: Procedure applicable to exceptions to copyright and related rights and to the transmission of digital files used to publish printed works

Article R331-40 of the French Intellectual Property Code

When the rapporteur finds that conciliation between the parties is possible pursuant to the provisions of the first paragraph of Article L. 331-32 and in compliance with Article R. 331-33, he draws up draft minutes signed by the parties in question, recording the conciliation, specifying the measures to be taken to put an end to the disputed situation and setting a deadline for the implementation of these measures. These conciliation…

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Article R331-41 of the French Intellectual Property Code

If conciliation fails, the Autorité de Régulation de la Communication Audiovisuelle et Numérique may, in a reasoned decision taken at the end of the procedure laid down in I of Article R. 331-35, either reject the application referred to it or order the respondent to take the appropriate measures to ensure the effective benefit of the exception to copyright or related rights or the transmission of the digital file used…

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