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Article R331-39 of the French Intellectual Property Code

The rapporteur may ask the holder of the rights to the technical measure or, in the case provided for in the second paragraph of Article R. 331-38, the applicant, to provide him, within a period of ten days, with the amounts of turnover required to calculate the ceiling of any penalty. If the party concerned fails to provide this information or if the rapporteur disputes the accuracy of this information,…

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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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Article R331-43 of the French Intellectual Property Code

The Autorité de régulation de la communication audiovisuelle et numérique carries out the conciliation in accordance with the procedures set out in Article R. 331-40. The authority may attach a penalty to its injunctions in accordance with the procedures set out in II of Article R. 331-36.

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Article R331-44 of the French Intellectual Property Code

The decisions of the Autorité de régulation de la communication audiovisuelle et numérique mentioned in articles R. 331-36 to R. 331-38 and R. 331-41 are notified by registered letter with acknowledgement of receipt to the parties, who may, within a period of one month, lodge an appeal for annulment or reversal with the Paris Court of Appeal. The increases in time limits provided for in article 643 of the Code…

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Article R331-45 of the French Intellectual Property Code

By way of derogation from the provisions of Title VI of Book II of the Code of Civil Procedure, appeals brought before the Paris Court of Appeal against decisions of the Autorité de régulation de la communication audiovisuelle et numérique shall be lodged, investigated and judged in accordance with the provisions of this sub-section. The authority shall not be a party to the proceedings.

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Article R331-46 of the French Intellectual Property Code

The appeals provided for in Article R. 331-44 shall be lodged by a written statement in triplicate lodged against a receipt at the registry of the Paris Court of Appeal containing, on pain of nullity: 1° If the applicant is a natural person, his surname, forenames, profession and domicile; if the applicant is a legal person, its name, form, registered office and the body representing it; 2° The subject of…

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Article R331-47 of the French Intellectual Property Code

Within five days of the filing of his statement, the author of the appeal must, on pain of the latter being declared null and void ex officio, send, by registered letter with acknowledgement of receipt, a copy thereof to the parties to whom the decision of the Autorité de Régulation de la Communication Audiovisuelle et Numérique has been notified, as appears from the letter of notification provided for in the…

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Article R331-48 of the French Intellectual Property Code

A cross-appeal may be lodged even if its author is precluded from lodging a main appeal. However, in the latter case, the cross-appeal will not be admissible if it is lodged more than one month after receipt of the registered letter from the person lodging the main appeal, as provided for in the first paragraph of article R. 331-47, or if the main appeal is not itself admissible. The cross-appeal…

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