Subsection 4: Regulatory and monitoring role in the field of technical protection measures and the identification of protected works and objects

I.-A referral to the Autorité de régulation de la communication audiovisuelle et numérique shall be made by registered letter with acknowledgement of receipt or, in accordance with the procedures laid down by the authority, by electronic transmission. It shall include: the name and address of the applicant, as well as, where applicable, its articles of association and the mandate given to its representative or counsel; documents proving that the applicant…

I.-The approval referred to in article L. 331-30 and the second paragraph of article L. 331-33 is granted by the Minister for Culture for a period of five years to associations that meet the following conditions on the date of the application for approval: 1° Prove that they have been in existence for at least three years from the date of their declaration; 2° Prove, during the period mentioned in…

Consumer associations holding the approval provided for in Article L. 811-1 of the Consumer Code are not required to provide proof of the approval provided for in Article R. 331-25 in order to refer a matter to the Autorité de régulation de la communication audiovisuelle et numérique pursuant to Article L. 331-30 and the second paragraph of Article L. 331-33, provided that such referral is made under the conditions provided…

I.-The Autorité de régulation de la communication audiovisuelle et numérique may reject as inadmissible an application referred to it where: 1° The subject of the application does not fall within its jurisdiction; 2° The application does not comply with the requirements of Article R. 331-24, after the expiry of the period of one month following the invitation to regularise which was sent to the applicant; 3° The author of the…

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 Chairman may, on his own initiative or at the request of the parties, combine the investigation of several cases. At the end of their investigation, the authority may issue a joint decision. The Chairman may also decide to split the…

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…

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…

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…

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.