French Intellectual Property Code
In forceI.-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 falls into one of the categories of persons authorised to refer matters to the authority by virtue of the provisions of this sub-section or articles L. 137-4, L. 219-4, L. 331-29 to L. 331-31 and L. 331-33;
-the purpose of the referral, which must be substantiated, and the documents on which it is based.
II.-When the matter is referred to the authority pursuant to Articles L. 331-29 to L. 331-31, the applicant must also specify the name and, if known to the applicant, the address of the parties that the applicant is challenging.
III.-When the matter is referred to the authority pursuant to the provisions of article L. 331-29, the applicant must also specify the nature and content of the project whose implementation requires access to the information essential to the interoperability that he is requesting, and justify that he has requested and been refused such access either by the holder of the rights to the technological measure, or by the supplier, publisher or person importing or transferring the information or the technological measure in question from a Member State of the European Union. Failure to offer such access on reasonable terms and within a reasonable period of time is deemed to be a refusal.
IV.-When the matter is referred to the authority pursuant to the provisions of Article L. 331-30, the applicant must also prove that he has asked the rightholder who uses the technological protection measure to take the appropriate measures to enable the effective exercise of an exception to copyright and related rights mentioned in Article L. 331-28. Failure to propose the implementation of such measures within a reasonable period of time is deemed to be a refusal.
V.-When the matter is referred to the authority by a person or establishment making reproductions or representations of a protected work or object adapted for disabled persons, as referred to in 7° of Article L. 122-5, the applicant must also provide proof that it is approved under 2° of Article L. 122-5-1 and that it has requested and been refused the transmission of the digital file of a printed work by the depository organisation referred to in the same 2°.
If the referral is not accompanied by these elements, a request for regularisation is sent to the applicant or his authorised representative, who must respond and provide the additions within a period of one month.
The four-month period mentioned in articles L. 331-29 and L. 331-32 runs from the date of receipt of the complete file by the authority.
The submission of briefs, observations or supporting documents by a party before the authority under the signature and stamp of a lawyer entails election of domicile.
VI.-When the matter is referred to the authority pursuant to the provisions of articles L. 137-4 and L. 219-4, the applicant must also state the subject matter and processing of the prior complaint lodged with the provider of the online content sharing service and the domain name of this service. Depending on whether the claimant is a user or a rightholder, the claimant must also specify, if known, the name of the rightholder or user who is a party to the proceedings within the meaning of this sub-section.
If the claim is not lodged within the meaning of this sub-section, the claimant must specify the name of the rightholder or user who is a party to the proceedings within the meaning of this sub-section. If the referral is not accompanied by these elements, a request for regularisation is sent to the applicant or his authorised representative, who must reply and provide the additional information within a period of one month.
The one-month period referred to in paragraphs 1 and 2 of this sub-section is extended by one month. The one-month period referred to in articles L. 137-4 and L. 219-4 runs from the date of receipt of the complete file by the authority.
The submission of briefs, observations or comments by the applicant or his authorised representative must be made within one month. The production of briefs, observations or supporting documents by a party before the authority under the signature and stamp of a lawyer shall constitute election of domicile.
