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Article R331-2 of the French Intellectual Property Code

The authorisation referred to in Article L. 331-14 is issued individually by the chairman of the Autorité de Régulation de la Communication Audiovisuelle et Numérique to public employees of the authority’s departments for a renewable period of five years. To issue the authorisation, the chairman of the authority checks that the agent has the required skills and guarantees with regard to the missions mentioned in articles L. 331-19 to L….

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Article R331-3 of the French Intellectual Property Code

No agent may be authorised: -if he has been convicted of a criminal or penal offence entered in bulletin no. 2 of the criminal record, or in an equivalent document in the case of a national of the European Union or of another State party to the agreement on the European Economic Area; -if the administrative investigation provided for in the second paragraph of article L. 331-16 that his behaviour…

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Article R331-4 of the French Intellectual Property Code

The authorisation is terminated when its holder no longer performs the duties for which he was authorised. The authorisation is also terminated when the conditions defined in articles R. 331-2 and R. 331-3 cease to be met. The person concerned is informed in advance of the reasons for and nature of the proposed measure and given the opportunity to submit observations. In urgent cases, the Chairman of the Autorité de…

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Article R331-5 of the French Intellectual Property Code

Agents authorised under the conditions defined in articles R. 331-2 and R. 331-3 take an oath before the judge of the judicial court of their residence, at the seat of this court or, where applicable, of one of its local chambers. The wording of the oath is as follows: “I swear to perform my duties well and faithfully and not to reveal or use anything that comes to my knowledge…

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Article R331-6 of the French Intellectual Property Code

To be admissible, referrals sent to the Autorité de régulation de la communication audiovisuelle et numérique by duly constituted professional defence bodies, collective management bodies and the Centre national du cinéma et de l’image animée or bailiff’s reports drawn up at the request of a right-holder under the conditions provided for in Article L. 331-19 must include: 1° The personal data and information mentioned in 1° of the appendix to…

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Article R331-7 of the French Intellectual Property Code

The reports drawn up by the sworn and approved agents mentioned in Article L. 331-19 may be drawn up in electronic form. In this case, a secure electronic signature is used under the conditions provided for by Article 1367 of the Civil Code and Decree No. 2017-1416 of 28 September 2017 on electronic signatures.

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Article R331-8 of the French Intellectual Property Code

The electronic communications operators mentioned in Article L. 34-1 of the French Post and Electronic Communications Code are required to communicate, by interconnection to the automated processing of personal data mentioned in Article L. 331-23 or by using a recording medium that ensures their integrity and security, the personal data and information mentioned in 2° of the appendix to Decree no. 2010-236 of 5 March 2010 within eight days of…

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Article R331-9 of the French Intellectual Property Code

I. – The identifiable and specific additional costs borne by the operators mentioned in the previous article in order to provide the Autorité de Régulation de la Communication Audiovisuelle et Numérique with the data kept pursuant to 1° of II bis of Article L. 34-1 of the French Post and Electronic Communications Code shall be the subject of financial compensation paid by this authority. II. – The compensation referred to…

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Article R331-11 of the French Intellectual Property Code

Any request or observation sent to the member of the Autorité de régulation de la communication audiovisuelle et numérique designated pursuant to IV of Article 4 of Law No. 86-1067 of 30 September 1986 on freedom of communication by the addressee of a recommendation referred to in the first or second paragraph of Article L. 331-20 shall be investigated only if it includes the file number given in that recommendation….

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