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Chapter VII: Commission de contrôle des organismes de gestion des droits d'auteur et des droits voisins (Commission for the Supervision of Organisations Managing Copyright and Related Rights)

Article L327-1 of the French Intellectual Property Code

1° A permanent task of controlling the accounts and management of the collective management organisations and independent management organisations mentioned in the first paragraph of article L. 321-4 and in the second paragraph of article L. 321-6 as well as their subsidiaries and the organisations controlled by them; 2° A mission to monitor compliance with the provisions of this title by the collective management organisations and their subsidiaries, without prejudice…

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Article L327-3 of the French Intellectual Property Code

The audit board consists of five members appointed by decree: 1° A magistrate from the Cour des Comptes, chairman, appointed by the first chairman of the Cour des Comptes; 2° A member of the Conseil d’Etat, deputy chairman, appointed by the vice-chairman of the Conseil d’Etat; 3° One member of the Cour de cassation, appointed by the first president of the Cour de cassation; 4° One member of the Inspectorate…

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Article L327-4 of the French Intellectual Property Code

The Enforcement Board consists of three members appointed by decree: 1° A member of the Conseil d’Etat, chairman, appointed by the vice-chairman of the Conseil d’Etat; 2° A magistrate from the Cour des Comptes, deputy chairman, appointed by the first chairman of the Cour des Comptes; 3° A member of the Court of Cassation, appointed by the first president of the Court of Cassation. Alternate members are appointed under the…

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Article L327-5 of the French Intellectual Property Code

The term of office for members of both colleges is five years, renewable once. For each of the two colleges, the difference between the number of women and men among the appointed members may not be greater than one. In the event of a vacancy in the membership of one of the colleges for any reason whatsoever, as determined by its Chairman, a person of the same sex shall be…

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Article L327-6 of the French Intellectual Property Code

A mediator responsible for carrying out the task provided for in 3° of article L. 327-1 is appointed by the chairman of the commission from within the supervisory board and after obtaining the opinion of the supervisory board, for a renewable term of three years. The matter may be referred to him or her either jointly or by one of the parties to the dispute, by the minister responsible for…

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Article L327-9 of the French Intellectual Property Code

The members of each of the two colleges and the mediator must complete a declaration of interests in accordance with the model in Appendix 3 of Article 2 of the Decree of 23 December 2013 on declarations of assets and interests submitted to the High Authority for the Transparency of Public Life and must, in particular, inform their chairman of the interests they have held during the two years prior…

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Article L327-10 of the French Intellectual Property Code

I.-To carry out its duties, the Audit Committee may be assisted by rapporteurs appointed from among the members of the Council of State and the body of advisors to administrative courts and administrative courts of appeal, magistrates of the Court of Cassation and the courts and tribunals, magistrates of the Court of Audit and the regional audit chambers, members of the General Inspectorate of Finance and the General Inspectorate of…

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