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Article L327-11 of the French Intellectual Property Code

I.-In order to carry out the duties set out in Article L. 327-1, the legal representatives of collective management undertakings, independent management undertakings, their subsidiaries and the undertakings controlled by them are required to assist the supervisory board, to provide it with all documents and to respond to any request for information necessary to carry out its duties. For operations involving the use of information technology, the right of communication…

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Article L327-13 of the French Intellectual Property Code

I.-When any interested party, the Minister responsible for culture or the competent authority of another Member State of the European Union refers to it facts likely to constitute a breach of the provisions of this Title, or when it becomes aware of such facts in the course of its supervisory role, the supervisory board will carry out an investigation and draw up a report on the basis of which it…

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Article L327-14 of the French Intellectual Property Code

I.-A member of the Control Board is summoned to the hearing. He/she attends the hearing without the right to vote. He may present observations in support of the notified complaints and propose a sanction. The Enforcement Committee may hear any rapporteur or member of staff of the Control Board. No sanction may be imposed unless the legal representative of the organisation in question has been heard or, failing this, duly…

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Article L327-15 of the French Intellectual Property Code

Decisions handed down by the Enforcement Board may be appealed to the Paris Court of Appeal by the sanctioned organisation or by the chairman of the Enforcement Board. Such appeals do not have suspensive effect, unless the court to which the appeal is lodged decides otherwise on an application for a stay of execution. In this case, the court hearing the case may order a stay of execution of the…

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Article L328-1 of the French Intellectual Property Code

Copyright and related rights management organisations are required to give a written, reasoned decision within a period not exceeding two months on disputes relating to the conditions, effects and termination of the rights management authorisation and the management thereof, which are addressed to them by their members, by other organisations for which they manage rights under a representation agreement and by the holders of rights who are not their members…

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Article L331-1 of the French Intellectual Property Code

Civil actions and claims relating to literary and artistic property, including when they also relate to a related issue of unfair competition, shall be brought exclusively before judicial courts, determined by regulation. Regularly constituted professional defence bodies shall be entitled to institute legal proceedings to defend the interests for which they are statutorily responsible. A beneficiary validly invested on an exclusive basis, in accordance with the provisions of Book II,…

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Article L331-1-1 of the French Intellectual Property Code

If the claimant proves circumstances likely to jeopardise the recovery of damages, the court may order the precautionary seizure of the movable and immovable property of the alleged infringer, including the freezing of his bank accounts and other assets, in accordance with ordinary law. In order to determine the assets that may be subject to seizure, it may order the disclosure of banking, financial, accounting or commercial documents or access…

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Article L331-1-2 of the French Intellectual Property Code

If so requested, the court hearing the case on the merits or in summary proceedings in civil proceedings provided for in Books I, II and III of Part One may order, if necessary under a penalty payment, in order to determine the origin and distribution networks of the goods and services allegedly infringing the plaintiff’s rights, the production of any documents or information held by the defendant or by any…

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