French Intellectual Property Code
In forceI.-At the end of the procedure provided for in Article R. 331-35, the Autorité de régulation de la communication audiovisuelle et numérique may, in a reasoned decision, either reject the application referred to it or order the holder of the rights to the technical measure to take the appropriate measures to ensure that the applicant has access to the information essential for interoperability.
When issuing an injunction, the authority shall define the conditions of access to such information, in particular:
1° The duration of such access and its scope;
2° The compensation that the applicant must pay to the holder of the rights in the technological measure, where the applicant submits a justified request to that end. The injunction takes effect at the earliest on the date of payment of the compensation to the latter or on the date of deposit of this sum in accordance with the procedures laid down by the authority. The amount of this compensation will take into account the economic value of the information provided to the applicant.
The authority will also specify the undertakings that the applicant must comply with in order to guarantee, on the one hand, the effectiveness and integrity of the technical measure and, on the other hand, the conditions of use of the protected content and the means of accessing it. These commitments may include the obligation to have an expert appointed by the authority verify that the effectiveness and integrity of the technological measure are respected. These commitments also cover the conditions for publication of the source code and technical documentation in application of the provisions of the third paragraph of Article L. 331-29, where the applicant declares to the authority that it intends to publish these elements.
II.-The authority may attach a penalty to this injunction, the amount and effective date of which it sets. If the authority establishes, from that date, on its own initiative or at the request of any interested party, that the measures it has prescribed have not been taken, it will pay the penalty. This may be provisional or definitive. It must be considered provisional, unless the authority has specified that it is definitive. The authority may moderate or cancel the provisional astreinte, even if non-compliance has been established.
