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Chapter I septies: 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 R321-25 of the French Intellectual Property Code

I. – The authorisation referred to in II of Article L. 327-10 is issued, on an individual basis, by the chairman of the control commission to the commission’s rapporteurs and agents for a renewable period of five years. To issue the authorisation, the chairman of the commission checks that the person concerned has the required skills and guarantees with regard to the tasks entrusted to the inspection board. In particular,…

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Article R321-26 of the French Intellectual Property Code

I. – The requests referred to in articles L. 327-6 and L. 327-13 shall be made by letter delivered against signature or any other means capable of establishing proof of the date of referral, including by electronic means. They shall include: 1° If the person making the request is a natural person, their surname, first name, address and telephone number and, if they are subject to formalities for registration in…

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Article R321-27 of the French Intellectual Property Code

When the supervisory board wishes to hear a person pursuant to III of article L. 327-11, the interested party is notified by registered letter with acknowledgement of receipt at least fifteen days before the date of the meeting. This period is extended to two months if the person summoned is based outside mainland France. The summons shall remind the person summoned that he is entitled to be assisted by counsel…

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Article R321-28 of the French Intellectual Property Code

To carry out the task mentioned in 1° of Article L. 327-1, the Enforcement Board shall draw up its annual work programme on a proposal from its Chairman. An inspection not provided for in this programme may be initiated by the Board on the proposal of the Chairman. The decision to carry out an inspection is notified by registered letter to the body that is the subject of the inspection…

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Article R321-29 of the French Intellectual Property Code

The provisional verification report, drawn up by the rapporteur and adopted by the supervisory board, is sent by the chairman to the audited body, which has thirty days in which to submit its observations. The audited body may also request that its representatives be heard by the supervisory board within the same period. The final audit report is adopted by the supervisory board after examining any comments made by the…

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Article R321-30 of the French Intellectual Property Code

The annual report provided for in Article L. 327-12 sets out the findings of the supervisory board following its inspections. The observations of the supervisory board implicating an organisation are communicated to it in advance. The body has thirty days in which to submit its observations or request that its representatives be heard by the inspection board. The body’s observations are appended to the report.

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Article R321-31 of the French Intellectual Property Code

As part of the checks carried out pursuant to 2° of Article L. 327-1, the representative of the supervisory board draws up reports stating the nature, date and location of the observations made. They are signed by their author and the person concerned by the investigations or their legal representative. If the latter refuses, this is noted in the minutes. When the person concerned has been heard by a video…

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Article R321-32 of the French Intellectual Property Code

When the supervisory board decides to initiate sanction proceedings, the statement of objections is sent by registered letter with acknowledgement of receipt, delivered by hand against a receipt or by bailiff, to the respondent organisation, together with the investigation report. These documents are also sent to the chairman of the Enforcement Board. The respondent organisation has two months to send the chairman of the Enforcement Board its written observations on…

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