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Article L342-4 of the French Intellectual Property Code

The first sale of a material copy of a database in the territory of a Member State of the European Community or of a State party to the Agreement on the European Economic Area, by the rightholder or with his consent, exhausts the right to control the resale of that material copy in all Member States. However, the online transmission of a database does not exhaust the right of the…

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Article L342-5 of the French Intellectual Property Code

The rights provided for in article L. 342-1 take effect upon completion of the manufacture of the database. They expire fifteen years after 1 January of the calendar year following that of such completion. Where a database has been made available to the public before the expiry of the period provided for in the previous paragraph, the rights expire fifteen years after 1 January of the calendar year following that…

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Article L343-1 of the French Intellectual Property Code

Infringement of the rights of the database producer may be proven by any means. To this end, any person entitled to act under this title shall be entitled to have any bailiffs, assisted by experts appointed by the plaintiff, carry out, upon an order made on request by the competent civil court, either a detailed description, with or without the taking of samples, of the media or products allegedly infringing…

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Article L343-1-1 of the French Intellectual Property Code

The court may order, of its own motion or at the request of any person entitled to bring an infringement action, all legally permissible investigative measures, even if a seizure for infringement has not previously been ordered under the conditions provided for in article L. 343-1.

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Article L343-2 of the French Intellectual Property Code

Any person having standing to act in the event of infringement of the rights of a database producer may apply to the competent civil court for summary proceedings in order to obtain an order, if necessary subject to a fine, against the alleged infringer or the intermediaries whose services he uses, for any urgent measure intended to prevent infringement of the rights of a database producer or to prevent the…

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Article L343-3 of the French Intellectual Property Code

In addition to the reports of officers or agents of the judicial police, proof of the materiality of the infringements defined in this chapter may result from the findings of sworn agents appointed by the professional producers’ organisations. These agents are approved by the Minister for Culture under the same conditions as those laid down for the agents referred to in Article L. 331-2.

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Article L343-4 of the French Intellectual Property Code

It is punishable by three years’ imprisonment and a fine of 300,000 euros to infringe the rights of the producer of a database as defined in Article L. 342-1. Where the offence has been committed as part of an organised gang, the penalties are increased to seven years’ imprisonment and a fine of €750,000. .

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Article L343-5 of the French Intellectual Property Code

Natural persons guilty of any of the offences provided for in this Chapter may also be ordered, at their own expense, to remove from the channels of commerce the articles found to be infringing and any thing that served or was intended to serve in the commission of the offence. The court may order the destruction at the expense of the convicted person or the handing over to the injured…

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